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(영문) 인천지방법원 부천지원 2019.05.31 2019고합50

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

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

Reasons

Punishment of the crime

The defendant was a pregnant worker, and the victim B (the age of 20) was a guest of the above Moel.

At around 08:00 on November 1, 201, the Defendant opened and intruded the entrance locked Dauma-si, Seocheon-si, Seocheon-si, by means of the street, and met with the inside and outside of the bucks of the victim who was locked at the bed.

Accordingly, the Defendant invaded into the room possessed by the victim and committed an indecent act against the victim by using the state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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’s age, environment, criminal record, risk of recidivism recognized through the records and pleadings of the instant case, and other benefits and effects expected by the disclosure or notification order of the instant case, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be given,

1. Grounds for sentencing under the main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria (the determination of types) and sex offenses;

1. General standards; (b)