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(영문) 대구지방법원 김천지원 2020.04.28 2020고합8
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

At around 02:00 on September 11, 2019, the Defendant: (a) opened a guest room in which he had been staying as a hotel during the lease; (b) opened a guest room in which he had not been equipped with a correction device return to the victim’s guest room; and (c) invaded the victim who had been divingd from the bed from the bed to the bed; and (d) committed an indecent act by inserting the victim’s hand into his own arms and clothes and by taking the right chest into the victim’s inner arms and clothes, and by taking the victim’s hand into custody.

Accordingly, the defendant committed indecent act by infringing upon the victim's residence by using the victim's condition of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The written statement made to A (alias) by the police;

1. Application of Acts and subordinate statutes to a report on investigation (whether the victim has closed the entrance door prior to the locking place);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 298 of the Criminal Act, the selection of imprisonment for a limited term concerning the crime, and the selection of a sentence;

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

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

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

5. 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, and 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 do not have any record of having been punished for sexual crimes prior to the instant crime, and the Defendant appears to have been able to reduce the risk of recidivism of the Defendant even by issuing a sentence to the Defendant, registering personal information, and attending lectures for

The age of the defendant.

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