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(영문) 서울서부지방법원 2016.06.30 2016고합16
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 15, 2016, around 02:15, the Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against intrusion upon residence) by opening a door door door door that does not correct the house of the victim C (in women, 15 years of age) located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and entering into the door door door door door door, and taking the face into the victim’s body above the body of the victim in a locked situation.

2. The Defendant, at the time, at the time, and at the place specified in paragraph 1, carried out the following activities, carried a shoulder to the victim D (the 45-year old-age-old), who was frightened by the Defendant, who was frightened by the said C’s act and escaped, brought the victim’s arms to the fright, and ske the victim’s arms to the frighted victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion on residence, the choice of imprisonment with prison labor), and Article 257(1) of the Criminal Act (the occupation of injury and the choice of imprisonment with prison labor) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the long-term punishment of each of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts Committed by

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. Article 62-2 of the Criminal Act on the observation of protection;

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) and Article 49(1) of the Special Act on the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 (in light of the Defendant’s age, motive of the crime, seriousness of the crime, etc., the Defendant’s personal information shall be registered and the sexual assault treatment program shall be taken.

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