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Reasons
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(영문) 대구지방법원 2016.05.27 2016고합1
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Intrusion on Residence) shall be on November 6, 2014, the Defendant was on board the body of the victim who intrudes into the room by putting the locking device on the part of the victim E (V, 45 years of age) and destroying the locking device, and then intrudes into the room.

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

2. Compulsory indecent acts;

A. On November 7, 2014, around 08:45, the Defendant committed an indecent act by force against the victim by making two arms followed by the victim from the above D kitchen, and by forcing the victim to commit an indecent act.

B. On November 13, 2014, the Defendant, at around 09:00, committed an indecent act by force against the victim on the ground that: (a) the Defendant attempted to keep the victim from the instant D kitchen by pushing the victim toward the wall with the wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Investigation report (No. 7,9 on the evidence list);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, respectively, concerning the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes committed due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the largest punishment for which is applicable];

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 Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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