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(영문) 수원지방법원 안산지원 2015.10.16 2015고합185

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

1. The defendant shall be punished by imprisonment for three years;

2. An order the accused to complete a sexual assault treatment program for 80 hours;

Reasons

Punishment of the crime

At around 02:00 on July 17, 2015, the Defendant turned on the house of the victim D (n, 13 years of age) who was adjoining to his house located in Ansan-gu, Ansan-gu, Ansan-si, and entered the victim's house through the windows, such as gas pipes installed on the inner outer wall after the victim's house and entered the victim's house through the windows, and the victim's panty line was spanty of the living room.

Accordingly, the defendant committed indecent act against the victim who was unable to resist by intrusion on the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

2. Part of the prosecutor's office and police interrogation protocol of the defendant

3. Statement made by the police against D;

4. Police seizure records;

5. Application of each statute of photograph;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. In light of the fact that the Defendant appears to have committed the instant crime while drinking alcohol under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, there is no history of punishment for sexual crimes, the Defendant and the victim’s adjoining relationship, etc., the Defendant’s information about the victim may also be known to the surrounding persons if disclosed or notified of the summary of the registered information of the Defendant, taking into account all other circumstances indicated in the record, including the background of the instant crime, the Defendant’s age, character and conduct, occupation, environment, and family relationship, the disclosure or notification of the registered information of the Defendant should not be informed of the Defendant’s personal information.