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(영문) 서울남부지방법원 2016.08.12 2016고합261
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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 April 21, 2016, around 03:20, the Defendant intruded into the eight heading room where the victim E (a person is under the age of 24) was accommodated in the D heading room located in the D heading-si, Dong Young-si, C5 level on April 21, 2016, and then found the potential victim, and the victim was under the victim’s back to the victim.

The Defendant was aware that the right chest of the victim who was divingd by the victim was 3 to 4 times, and that the victim, who was divingd, was frightened, was frightened by the victim, and that the victim’s act was frightened by the victim; and

After called "Mara", the chest and body of the victim of the knife were met.

Accordingly, the defendant invadedd the victim's room, and committed an indecent act on the part of the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and E;

1. E statements;

1. Application of Acts and subordinate statutes to photographs 10 copies, CCTV CDs 2, capt screen 28, and each investigation report (on-site dispatch and investigation report) (D Round business owner H’s statement);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In light of 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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify registered information may have a significant impact on the Defendant, and thus, it is necessary to be carefully taken into account that the Defendant has no record of sexual crimes, and that the Defendant is expected to have an effect to prevent re-offending even with attending the registration of personal information of the Defendant and the sexual assault treatment program.

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