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(영문) 광주지방법원 2018.04.13 2018고합6

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

Reasons

Criminal facts

At around 05:50 on October 2, 2017, the Defendant opened several guest rooms on the third floor in Gwangju Northern-gu, Gwangju, for non-commercial reasons, opened a entrance that was not corrected when he was 305, she was accommodated with the male son-gu, and opened a 305 door to the victim E (the 19-year old-old male son-gu). The Defendant intruded into the room, and laid off the clothes from the bed and diced the victim's chest by hand.

Accordingly, the defendant invadeds on the room occupied by others, and commits indecent acts against the victim by using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each ctv photographic statute

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 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 suspended execution;

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 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 (the possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria [the types of decisions] The crime of indecent act by force (subject to not less than 13 years of age) of sexual crimes shall be committed.