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(영문) 인천지방법원 2020.07.23 2020고합197
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On December 25, 2019, the Defendant entered the Michuhol-gu Incheon B hotel on December 25, 2019, entered the 03:37 Michuhol-gu, Incheon Metropolitan City B hotel with the entrance knife of the guest room, and black up the guest room with the door that the door of the Chode room had not been set up, and then intruded into the guest room with the heater's seat, and then "victim" is "victim D', 26 years old, and hereinafter.

The her her butt her butt her son was married with his or her her hands.

Accordingly, the Defendant invaded into the room possessed by the victim, and committed indecent act against the victim by using the condition of the victim's non-satisf or non-satch.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1.(a)

Indecent Act by indecent act

(b) Application of the Acts and subordinate statutes on photographic by voluntarily reporting a residential intrusion case, by internal investigation reports (CCTV image analysis), and by capturing CCTV images;

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319 (1) and 299 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); the Defendant has no record of punishment for a sexual crime prior to the instant crime; the Defendant’s sentence of imprisonment to the Defendant; the completion of the sexual assault treatment program; the employment restriction order; and the registration of personal information appears to have the effect of preventing the recidivism of the Defendant’s sexual crime; the Defendant’s age, character and conduct; the method and consequence of the crime; the disclosure order; and the degree of disadvantage that the Defendant was admitted by such order

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