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(영문) 수원지방법원 안산지원 2017.06.02 2017고합94
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A 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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2017, at around 04:50, the Defendant: (a) visited the location of the “D mountain father” located in Ansan-si, the Defendant: (b) visited the nurse room and removed the entrance locking system; (c) went as if the person he was hospitalized; (d) followed the said E; and (d) opened the victim F. (a) 301 who was hospitalized with the third floor using emergency stairs, and entered the hospital.

Then, the defendant is fine for the victim who was frightened in his body with his body and was frightened in his beds.

“The victim’s bucks, after asking for and making this payment, met the part of the victim’s buckbucks, suck the suck, and pande the pande by placing the hand into panty and met the sound of the victim.

Accordingly, the Defendant infringed on the room possessed by the injured person and committed an indecent act by force against the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on internal investigation (No. 6 No. 5 of the evidence list), each investigation report (No. 18, 30, 31 of the evidence list);

1. Application of Acts and subordinate statutes to data for the storage of CCTV images inside and outside a hospital, such as CDs and photographic records (data for the editing of CCTV images inside and outside a hospital);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act, the relevant legal provisions and the choice of a sentence 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Exemption of an order for disclosure and notification shall be governed by Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 fact that the defendant has no record of punishment for a sex offense, and the defendant’s mistake shall be against himself/herself.

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