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(영문) 광주지방법원 해남지원 2016.10.12 2016고합26
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

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

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 8, 2016, at around 11:50, the Defendant entered the victim D (Inn, 33 years of age) located in the Nam-nam Navy C with an open door, which was not corrected, and then she was able to take care of the victim’s body with his left hand, and then she was able to take care of the victim’s chest and her knife with his knife with his knife on three occasions, and her knife with his knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Where the registration of personal information of the accused and the conviction of the accused becomes final and conclusive on the grounds that the accused constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and 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 (in addition, even though the accused has a past record of a sex crime, 18 years ago, and two previous records of a minor fine are considered, taking into account the accused’s social living relationship, benefits and preventive effects expected by the disclosure order or notification order, disadvantages and side effects of the accused, etc., the accused’s personal information shall not be disclosed or notified, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Two years and six months and fifteen years, in case of imprisonment with prison labor within the scope of punishment by law; and

2. Application of the sentencing criteria (determination of type) sex crimes, general.

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