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(영문) 제주지방법원 2018.12.13 2018고합123

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 2, 2018, around 04:58, the Defendant: (a) reported the victim D (tentative name, 22 years of age) who was driven in Mad taxi in front of Csan Madro, located in B, and had the victim forced the victim to commit an indecent act; (b) had the victim enter the said apartment building, according to the victim, and intruded the victim into the said apartment building before the head of the gate in which the victim resides; (c) had the victim knickly knickly knickly knickly knickly knickly knickly knicked the victim’s chest with the victim’s chest, knick, knickly knick, and knickly knicked the victim’s chest, and forced the victim to commit an indecent act by forcing the victim’s chest into the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Report of investigation (specific suspect);

1. Application of the Acts and subordinate statutes to photograph each CCTV image image, photograph around the motor vehicle operated by the defendant, take on-site photographs, and photograph of suspects;

1. Relevant legal provisions and the choice of a sentence concerning the facts constituting an offense [elective imprisonment] Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order of notification, and an order of restriction on employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso proviso of Article 50 and Article 56(1) proviso of the Act on the Protection, etc. of Victims [the Defendant was punished as a crime of violating the Act on the Punishment, etc. of Sexual Crimes in the past 2009 and the Protection, etc. of Victims thereof] However, there is no record of crime that has been nine years elapsed thereafter, and there is no record of crime against the Defendant.