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(영문) 서울중앙지방법원 2018.10.05 2018고합740

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a 'Curel' D' in Gwanak-gu in Seoul Special Metropolitan City, and the victim E (n, 33 years old) is a 'Curel' F.

On April 29, 2018, from around 07:55 to 08:10 on the same day, the Defendant discovered that the above “Curel” entrance was not corrected, opened the entrance, and intruded into the room, and opened the entrance, and became a part of the victim’s sound, who was on the part of the victim.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (the person who has been accommodated with the suspect and the person who has been involved in the telecom business together with the suspect as a counter-investigation);

1. A criminal investigation report (the suspect and the victim accommodated;

The examination of opening and closing hours of the door room and the application of Acts and subordinate statutes to the door opening and closing time data

1. Relevant legal provisions concerning the facts constituting an offense, and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., Articles 319 (1) and 299 of the Criminal Act (the occupation of an indecent act by compulsion of intrusion upon residence and the choice of organic imprisonment);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

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 notify information, 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 (i.e., one-time punishment against a defendant for a sex offense), but the defendant’s personal information registration and protection observation, and taking lectures in treatment of sexual assault.