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(영문) 서울북부지방법원 2018.10.26 2018고합249

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:00 on March 24, 2018, the Defendant intruded into the boiler rooms adjacent to the Gyeong-gun Bridge Chyp in the ward, and locked in the room. As such, the Defendant returned the body of the victim D (the name, the fry, the fyp, the age of 18) in a state of resistance impossibility, thereby making the victim fit, and then tried to make the victim fit the victim’s arms and fit the victim again in the lock.

Accordingly, the Defendant invaded the room and committed an indecent act against the victim by using the victim’s resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The F and each G statement;

1. CCTV copies CD (CAM5, CAM7), evidentiary photographs (Evidence 1 to 25), whole pents, CCTV copies (CAM 8), evidence photographs (Evidence 26-42)

1. Application of Acts and subordinate statutes to investigation reports [the victim's statement, etc. (the victim's statement, etc. (the net six times), each internal investigation report [the investigation (the net seven times), and for three men who were in a separate book at the time (the net eight times)];

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1), 299, and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for sexual crimes)

Only the registration of personal information on the defendant and participation in the treatment of sexual assault can have the effect of preventing recidivism.

I seem to appear.

The defendant's age, occupation, method and result of the crime, disclosure order, notification order, etc.