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(영문) 의정부지방법원 2019.10.17 2019고합235
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

On June 25, 2019, around 01:10 on June 25, 2019, the Defendant: (a) victim D (D, female, 34 years of age) who is the Russian nationality at the accommodation of the “C” factory staff working for the Defendant in Macheon-si B.

6. 24.As the victim started on duty and used the side of the defendant, the victim et al. came to have opened a house visit used by the victim and intruded on the victim's residence, and as the victim et al. got out on the left side of the locking victim, as he did not know the victim by hand.

As a result, the defendant invadedd the victim's residence and committed an indecent act against the victim in a state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of statutes governing the table of on-site photographs and 112 reported cases;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) 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 Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In full view of various circumstances, including the Defendant’s age, occupation, content and circumstance of the instant crime, other benefits expected by the disclosure or notification order, and the effect of preventing a crime, and the resulting disadvantages and anticipated side effects, etc., comprehensively taking account of the following: (a) the Defendant has no record of criminal punishment for a sexual crime; (b) the proviso to Article 49(1); and (c) the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse; (d) the registration of personal information of the Defendant against the Defendant; and (e) participation in the sexual assault treatment course.

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