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(영문) 광주지방법원 2018.04.13 2017고합617
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 sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 28) are workers of the nationality of Cambodia.

From October 4, 2017 to October 04:00, the Defendant, along with the daily behaviors of the victim and the victim in Gwangju Mine-gu, drinked the cab with the victim and got the victim into the house of the victim in Gwangju Mine-gu, and did not return the cab for about 10 minutes after getting the victim into the house, and was in front of the victim’s house. The Defendant opened the victim’s house and opened the victim’s house “as soon as soon as possible.” The Defendant, “as soon as the house,” opened the door by inserting the knick in the knife of the knife of the defect, opened the door by inserting the knife, knife the victim’s hand, k the victim’s knife into the ben part, and knife the victim’s k.

Summary of Evidence

1. B Legal statement;

1. Requests for cooperation in investigation (in cases of foreigners' workplaces, dwelling places, etc.), replies, application of Acts and subordinate statutes to criminal investigation reports;

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. In light of the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is a foreigner of Cambodia who is a national of Cambodia and does not communicate with the Korean language, and the effectiveness of the lecture for treating sexual assault seems to be low, and if this judgment becomes final and conclusive, it is highly probable that the foreigner will be forced to leave the Republic of Korea under the procedure under the Immigration Control Act may not be imposed an order to attend a lecture

[Determination]

1. Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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