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(영문) 서울중앙지방법원 2019.06.14 2019고합282

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 is an employee of the Belel in Gwanak-gu in Seoul Special Metropolitan City and the victim C (n, 20 years of age).

On December 13, 2018, at around 06:15, the Defendant: (a) reported the victim’s male-friendly Gu first set up an entrance by Maskk Turkey; (b) opened the entrance by using Maskk Turkey; (c) examined the body of the victim off by mobile phone flash; and (d) met one time the victim’s her son who was in the bed by her hand, was her her tack.

Accordingly, the Defendant committed an indecent act by force against the victim who was unable to resist by intrusion into the room possessed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written victims;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, Article 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s personal information registration and attending lecture alone appears to have a certain degree of effect on the prevention of recidivism; and the Defendant’s personal information disclosure and notification order may not disclose and notify the Defendant’s personal information in full view of all the circumstances such as the disadvantages and anticipated side effects of the Defendant’s suffering from disclosure order and notification order and the Defendant’s age, occupation, family environment, social relationship