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(영문) 서울북부지방법원 2020.06.26 2020고합49
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14:30, 2019, the Defendant, while under the influence of alcohol, entered the Gangnam-gu Seoul Metropolitan Government B apartment house, and took a bath for the victim C (the 64 years of age) in front of the front door of the house of the victim C, etc., the victim opened the front door and reported it to 112, and went into the victim's house through the front door that he opened, and intrudes on the victim's house, and brought the victim's body into the victim's breast part by hand, and kid the victim's chest.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims C;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 319(1) and 298 of the Criminal Act, the choice of limited imprisonment term

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 16 (4) and (4) of the Act

1. An order to disclose or notify, or an order to disclose or notify an employment restriction: Exemption from an order: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso to Article 49(1) or the proviso to Article 50(1) of the former Act on the Protection of Sex Offenses (Amended by Act No. 16622, Nov. 26, 2019); Article 1622 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) of the Welfare of Disabled Persons Act; the sentence of a suspended sentence of imprisonment to a defendant; the order to attend a probation and the order to provide community service;

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