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(영문) 대전지방법원 서산지원 2018.01.24 2017고합52
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

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

The defendant is between the victim C (n, 15 years of age) and the neighbor.

1. On March 18, 2017, at around 12:00 on March 18, 2017, the Defendant entered the victim’s house in Jin-si D through the entrance door opened to the victim’s house, and then was drinking the victim’s chest with his/her own hand to have the victim’s chestd with his/her intention to forced indecent act by reporting the victim’s home.

2. On March 18, 2017, around 14:40 on March 18, 2017, the Defendant entered the victim’s house as described in paragraph (1), and entered the said house through an open door, and thereafter, the Defendant was able to report the victim who was seated therein and forced him/her to commit an indecent act, and rhyd the victim’s right bridge with his/her own hand, and met the victim’s chest once.

As a result, the defendant invadedd the victim's residence and forced the juvenile victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of statutes to stenographic records;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 298 of the Criminal Act (a crime committed by compulsion of intrusion on residence), Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act [the punishment provided for in Articles 40 and 50 [the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (1) in the holding and crimes of violating the Act on the Protection of Juveniles from Sexual Abuse], the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) in the holding, and the crimes of violating the Act on the Protection, etc. of Children and Juveniles from Sexual Abuse, and the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment];

1. Selection of penalty, each abandonment of penalty;

1. Crimes of violation of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes of Article 2 of the said Act (Indecent Acts by force)].

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