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(영문) 서울동부지방법원 2016.11.24 2016고합292

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

On August 16, 2016, the Defendant visited the residence of the victim C (one person, two years of age, and two years of age) who is an applicant for small loans at the Gwangjin-gu Seoul Special Metropolitan City, to prepare a loan-related document.

On August 17, 2016, at around 04:18, the Defendant opened a gate that was known to the victim at the time of the above visit and intruded into the room. The Defendant committed an indecent act by using the victim’s bucks inside the bucks in the state of her failure to resist because the victim was locked and the victim was able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer to C (or the identity of the victim);

1. Statement to E by the police;

1. Transmission of genetic appraisal certificates, results of search of DNA identification information database, and results of inquiries into convict DNA personal information;

1. Application of Acts and subordinate statutes to report internal investigation (on-site additional verification), investigation report (on-site holding office);

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 extenuating circumstances among the reasons for sentencing);

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

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 to disclose or notify information; 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 does not have any history of criminal punishment for sexual crimes prior to the instant crime; Article 50(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is clear in social ties when considering occupation, residence,

Therefore, the defendant's disclosure order is ordered.