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(영문) 의정부지방법원 2018.08.31 2018고합183

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At the time of committing the instant crime, the Defendant was in a state of lacking ability to discern things or make decisions due to a lack of care or excessive behavioral disorder (ADD).

On May 13, 2018, the Defendant, at around 00:18, committed an indecent act against the victim C (the 19 years of age) in the buses B around 00:18, with the intent of forcing the victim to commit an indecent act, and the Defendant, at the D apartment bus stops, left by continuously driving away the victim after getting out of the bus stops with the victim.

In both States, the number of victims in E Apartment F Dong became more and more, and the elevator of the above apartment and the corridor of the victim was invaded before the house of the victim, and the victim was knicked with his own left hand, and the victim was knicked with the victim's hand.

To the extent that it does not infringe on the defendant's right of defense, the act of indecent act by the defendant was specified.

As a result, the defendant committed an indecent act against the victim by infringing on the victim's residence in a state that the defendant has a weak ability to discern things or make decisions due to mental or physical disorder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. CCTV dyshot photographs;

1. Application of Acts and subordinate statutes to report on investigation (a document appended to the document that a person subject to investigation has received a psychiatrist with a psychiatrist);

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 10(2) and 10(1) of the Criminal Act to mitigate mental and physical weakness [In light of the Defendant’s age, sexual conduct, motive for crime, etc., the Defendant was in a state that, at the time of committing the instant crime, the Defendant was in a state of lacking ability to discern things or make decisions due to an excessive behavioral disorder (ADD) with lack of caution at the time of committing the instant crime.

[Determination]

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the 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 Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;