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(영문) 제주지방법원 2018.01.25 2017고합183
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2017, the Defendant: (a) committed an indecent act in Jeju Island “D” located in C on July 26, 2017; (b) committed an indecent act by: (c) committed an indecent act against the victim E (hereinafter “D”); (d) committed an indecent act in the victim’s room in possession of the damaged person; (c) committed an indecent act by putting the victim into the victim’s chest and fluor, who was able to resist the second floor room where the victim was staying together with her her her ties; (d) opened a door where the victim was not able to correct the second floor room; and (e) putting the victim’s chest and fluor, who was divingd from her her ties; and (e) forced the victim into the victim’s chest and fluor; and (e) committed an indecent act by taking advantage of the victim’s resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (F), G, H, I, and J;

1. Application of Acts and subordinate statutes to investigation reports (field photographs of the case);

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. 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, 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 [the Defendant has no record of punishment for sexual crimes before committing the instant crime, and the Defendant’s participation in the registration of personal information and the lecture for treatment of sexual assault can have the effect of preventing recidivism by the Defendant;

In full view of all the circumstances revealed in the records, such as the defendant's age and status, family relations, social relationship, benefits and preventive effects expected by an order of disclosure or notification to the defendant, and disadvantages and side effects resulting therefrom, the defendant's personal information shall be personal information.

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