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(영문) 대구지방법원 포항지원 2018.05.17 2018고합18
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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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

The Defendant is a lodging proprietor operating the “D pension” in Ulleung-gun C.

On October 3, 2017, at around 00:30, the Defendant opened a entrance that was not corrected in the “sea room” room of the above gate, and entered the entrance, and then opened the entrance, he was under influence of alcohol on the side of the victim E (V, 29 years old) who was under influence of alcohol, and opened the victim’s boat on the hand floor.

Accordingly, the Defendant committed an indecent act against the victim by infringing the victim's pension room by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in video recording CDs;

1. Statement made by each police officer of the E and F;

1. Investigation reports (the dispatch of the scene of reporting sexual assault 112 and attaching a list of reports 112) and investigation reports (the attachment of a list of reports 112) (the attachment of video images recorded by a victim to a CD);

1. Application of statutes on field photographs;

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

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being subject to criminal punishment for sex crimes) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant’s age, family environment, social relationship, degree of recidivism, and the disclosure order of this case expected due

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