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(영문) 대전지방법원 2017.09.21 2017고합230

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

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

On March 12, 2017, at around 02:40, the Defendant committed an indecent act by force against the victim, such as finding out the victim E (one person, half person, and age 21) entering the said female toilet, and intrusioning the victim’s chest into the said female toilet, and intending to talk the victim’s chest at one time and the face into the victim’s face as close as the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement;

1. Report on occurrence (voluntary indecent act, intrusion into residence), investigation report, internal investigation report, and investigation report (the telephone investigation, and specification of the suspect);

1. A report on investigation (verification of on-site CCTV), a photograph of CCTV-cape in a building, an application for the inquiry of CCTV video information, and a closure photograph of CCTV images for crime prevention;

1. A receipt used by the person against whom the credit card was used;

1. Application of statutes governing field photographs at the time of dispatch;

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) and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds 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) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant is the primary offender, the Defendant has made considerable efforts to recover the damage and has given compensation to the victim, and accordingly the victim does not want the punishment of the Defendant, and the Defendant’s age, occupation, family environment, social relationship, etc. recognized on the record is merely a registration of personal information of the Defendant and an instruction to treat sexual assault.