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(영문) 수원지방법원 성남지원 2018.12.20 2018고합224
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of a sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 7, 2018, at around 12:00, the Defendant committed an indecent act by committing an indecent act, following the victim D (n, 74 years of age) who was waiting to sit at a performance hall at the entrance of the Da amusement park located in Sungnam-si, Sungnam-si, with the victim’s shoulder from the victim’s shoulder to the her amb and ambl.

2. On September 13, 2018, the Defendant: (a) 19:51 on September 13, 2018, while drinking alcohol together with the victim F (the name, inn, the age of 77) around male toilets in the Sungnam-gu, Sungnam-gu, Sungnam-si; (b) her own victim was spared, she kided, she was committing indecent act; and (c) she got the victim out of the pusheded floor.

The Defendant committed an indecent act in response to the victim’s use of the victim’s toilet by avoiding the Defendant, and immediately following the victim’s escape, into the female toilet with the victim’s escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Written statements of D and H;

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

1. Relevant legal provisions concerning the facts constituting an offense, Article 298 of the Criminal Act on the selection of punishment (the point of compulsory indecent act, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act (the point of coercion of intrusion on residence, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 notify disclosure and an order to restrict employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime alone has a criminal tendency against many unspecified victims;

It is difficult to conclude that the registration of personal information of the defendant and taking lectures to treat sexual assault are to some extent to prevent recidivism.

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