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(영문) 인천지방법원 2019.09.06 2019고합308
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] On January 18, 2019, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for the crime of assault at the Incheon District Court on June 26, 2019 and the judgment became final and conclusive on January 26, 2019.

【Criminal Facts】

On October 20, 2018, around 06:10 on October 20, 2018, the Defendant opened a card key door in Bupyeong-gu, Incheon, Bupyeong-gu Birel C, and intrudeed into it, and she was under the influence of the victim D (name, leisure, age 25) who was locked at the same time, and her chest was prompt due to the victim's entrance.

Accordingly, the Defendant invaded the victim's room in possession and committed an indecent act against the victim by using the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (the current status of entry into and exit from guest rooms of the motoc C), the entrance into guest rooms of the Motour, and caps and photographs;

1. Each written request for appraisal;

1. Previous convictions in judgment: Application of the previous disposition and the result report of confirmation by statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 50(1) proviso appears to have no record of punishment for sexual crimes; Article 50(1) proviso appears to have the effect of preventing

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