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(영문) 광주지방법원 순천지원 2019.05.02 2018고합294
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:00 on October 25, 2018, the Defendant opened the entrance door of a female dormitory which is designated as a male entrance-prohibited area at C High School located at Yacheon City B, and opened and intrudes into the door of a female dormitory E room where female students reside, such as the victim D (name, leisure, 17 years old), and then, the victim was able to make a knife at the benife and knife the victim was knife and knife the victim’s knife with his hand.

Accordingly, the defendant invadedd the victim's residence 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. Application of the police statement law to D;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to an order to disclose, notify, and restrict employment; the proviso to Article 49(1) and Article 50(1) 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; the Defendant is a primary offender; the Defendant’s registration of personal information against the Defendant and taking lectures in the treatment of sexual assault also appears to be able to prevent recidivism; the disclosure order, notification order, and employment restriction order; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order; the preventive effect of sexual crimes subject to registration; and the effect of protecting

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