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(영문) 전주지방법원 2019.11.21 2019고합163
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 December 5, 2018, at around 17:20, the Defendant committed an indecent act against the victim by: (a) opening a gate at the place of residence of the victim who had not been corrected and taken into the house; (b) Dad the victim, who had hythdddddd from the math of the math, with the victim’s own arms knife, knife the part of the victim’s own arms knife, knife the victim’s knife, knife the victim’s knife, knife the knife, and attempted to knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the statement of each police victim against C;

1. Application of Acts and subordinate statutes to a communityctv image-faging photographs, 112 reported details, replys, and table for appraisal request;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. According to Articles 47(1) and 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, and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s distorted sexual impulse, which was revealed through the instant crime, is expected to be considerably improved by the principal and incidental disposition imposed on the Defendant, and other circumstances such as the Defendant’s age, family environment, social relationship, occupation, and history and consequence of the instant crime, the degree and anticipated side effects of the disadvantage the Defendant was inflicted on the Defendant due to the disclosure order, the preventive effect of sexual crimes that could be achieved therefrom, and the effect of protecting the victims of sexual crimes, the Defendant’s personal information is personal.

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