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(영문) 춘천지방법원 강릉지원 2019.01.24 2018고합87
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on August 8, 2017, the Defendant opened a door that was not corrected in the private room in Gangnam-si B, and opened a door to the victim D (the victim 22 years old), who was locked in the lusium, she sphered the victim, and she she her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendant committed an indecent act against the victim in a state of mental or physical disability or impossibility to resist by intrusion into the room possessed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of the F new photographic Acts and subordinate statutes, such as field photographs, crime scene photographs;

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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (the defendant is deemed to have special circumstances where Order to Attend cannot be imposed in light of the fact that an alien of Mongolia's nationality has a low effectiveness of taking lectures of sexual assault treatment because communication through Korean does not facilitate, and if this judgment becomes final and conclusive, it is highly probable that such alien will be forced to leave the Republic of Korea through procedures under the Immigration Control Act);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are deeply divided and reflected in the crime of this case, and the defendant again is willing not to stop the same kind of crime, and the disclosure order and notification order are issued.

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