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(영문) 대전지방법원 홍성지원 2017.07.06 2017고합24
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2017, the Defendant: (a) opened a door set forth in “Del” 302, which was in front of the door set forth in “Del” 302 at Boan-si, Boan-si around 02:03, and intruded into the door, and (b) committed indecent act by force by force by the victim E (a person, fel, fel, 18 years old) who was locked on the part of the embankment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of field photographs, photographs comparing the keyss of the DNA, video materials (ROMs) conducting counter-testings in other defense rooms using a key owned by the person who is the victim, and CCTV CDs-related Acts and subordinate statutes;

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. 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 and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the instant crime is not an offense against many and unspecified persons, but a criminal defendant has no same criminal record.

It is expected that the effects of preventing recidivism can be expected to some extent due to the registration of personal information and participation in sexual assault treatment lectures.

I seem to appear.

In addition, in full view of the motive and background of the instant crime, the Defendant’s age and occupation, the profit prevention effect expected by the instant disclosure order, the adverse effects resulting therefrom, etc., there are special circumstances where disclosure of the Defendant’s personal information may not be disclosed.

I think)

1. As to the registration of personal information under Article 48(1)1 of the Criminal Act and the crime of this case submitted.

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