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(영문) 창원지방법원 거창지원 2018.07.12 2017고합32
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On September 3, 2017, the Defendant was living in the victim D (V, 26 years of age) located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun on September 3, 2017.

E-gate 102 Ho-dong 102 Sim-dong 102 opened a door and intrudes on the victim's residence, and the bill of indictment states that "the victim shall wear the defendant's body on the side of the victim's body, such as the victim." However, the victim stated in this court that "the victim was able to keep the defendant's body at a distance of two drinkings, and it was impossible to contact the victim." Thus, the above part of the facts charged was deleted.

On the left hand, the victim's chest became only one time.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D, F, G, and H;

1. One CD-recording video images of E-mail;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

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 a notification order, 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 any sexual crime and thus is at risk of recidivism of sexual assault or recidivism;

It is difficult to conclude that the defendant is sentenced to imprisonment, the registration of personal information, and orders to complete sexual assault treatment programs.

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