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(영문) 의정부지방법원 2016.06.16 2016고합143
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On March 2, 2015, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) discovered that the Defendant and the victim D (the 17 years old), who are the her mother, are walking at around 22:40 on the face of the Mask-ro in the southyang-si, and that the Defendant and the respondent for the attachment order (hereinafter “Defendant”) came to drive an elevator of 1601, E apartment, and her knife the knife by inserting the knife in the knife of the victim.

Accordingly, the defendant invadedd the above apartment house, which is a residence of the resident, and forced the victim to commit an indecent act.

2. On March 7, 2016, at around 20:20, the Defendant: (a) carried a Masck and carried a Masck Fro on a vessel; (b) discovered the Victim G (a 15 years old), who is a middle student returning home; (c) went away from the H apartment to the elevator with the victim’s 501-dong elevator; and (d) carried the hand by putting the hand in the mash of the victim.

Accordingly, the defendant invadedd the above apartment house, which is a residence of the resident, and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement of victims of G;

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes on the scene of crime and closure data of peripheral CCTV photographs;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319(1) and 298 of the Criminal Act concerning the crime (the occupation of indecent acts by force upon residence and the choice of imprisonment for each abandonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Crimes under Article 38 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Indecent Acts against Residence];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

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

1. Special cases concerning the punishment, etc. of sexual crimes under an order to disclose or notify;

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