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(영문) 청주지방법원 2018.09.21 2018고합117

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

Reasons

Punishment of the crime

The defendant is not aware of the victim C (n, 73 years of age).

At around 12:00 on April 2018, the Defendant: (a) knew that the victim died with her husband and was married; (b) opened the entrance door through the entrance door, and intrudes into the inside of the victim’s house; (c) opened the victim’s her husband’s ties; (d) opened the victim’s ties; (d) opened the victim’s her husband’s ties, and (e) opened the victim’s her husband’s ties; and (e) opened the victim’s bucks on the side; and (e) opened the victim’s her panty in the victim’s panty.

Accordingly, the defendant invaded another's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):

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 for disclosure, notification, and restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime against him/her, or there is a risk of repeating a sexual crime

It is difficult to readily conclude, only with the registration of personal information of the defendant and the completion of sexual assault treatment programs can prevent recidivism.

The defendant's age, occupation, family environment, social relationship, method and result of the crime, disclosure order, notification order, and employment restriction order, and the preventive effect expected by the defendant's age, occupation, family environment, social relationship, and the disadvantage of the defendant.