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(영문) 춘천지방법원 강릉지원 2019.01.24 2018고합77
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

On July 26, 2018, around 03:50 on July 26, 2018, the Defendant was in front of the residence of the victim C (tentative name, n, 46 years of age) in the East Sea, and had been viewed through its windows to have been engaged in getting out of the floor by getting out of the body of the victim, and had been invaded into the victim’s residence through the above windows, and had been 2 minutes of the victim’s breast part by getting out of the floor.

Accordingly, the defendant committed indecent act against the victim who was unable to resist by intrusion on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes, Chapter Fifteen (15) of field photographs and victim 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso appears to have no record of being punished for sexual crimes; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing the recidivism of the accused solely by taking lectures of sexual assault treatment and employment restriction orders; and other personal information of the accused when comprehensively considering the degree of disadvantage

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