beta
(영문) 대전지방법원 2017.08.11 2017고합159

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

On February 5, 2017, at around 08:05, the Defendant opened a door that was not corrected and discovered the victim E (the age of 19) and opened a sound to find out the victim E (the age of 19), and rhhhhddbbs for the victim’s bucks.

Accordingly, the Defendant committed an indecent act by force against the victim by intrusion into the victim's cell room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes to photographs of suspected victims taken from CCTV;

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. 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 (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. 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 defendant does not have been punished for any crime, including any sexual crime, before the crime of this case] and thus, there is a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., personal information of the defendant is relatively less likely to be achieved compared to the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure disclosure notification order.