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(영문) 대전지방법원 천안지원 2016.07.13 2016고합26
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides in the studio of 404, Nam-gu, Nam-gu, Seoul, and resides in the same floor of the studio building like the victim D (n, 35 years old).

On January 25, 2016, while the defendant was found to have a victim who had been placed in front of his/her usual residence, the defendant opened a studio 402 on January 25, 2016 at the victim's residence, and opened a string door to search for the goods left from his/her residence, and opened the string door to the victim's residence, and opened the string door to witness the string door, and intrudes the victim's house into the victim's residence, and intrudes the victim's shoulder from the room to the victim's house, and forced the victim's shoulder to sit into the victim's house by double hand, and forced him/her to sit into the victim's shoulder on the floor of the ward.It is different from that to the purport that the victim is "," and it is forced to use the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E (the identity of a victim);

1. Application of statutes on site photographs;

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. 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. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, family environment, the risk of recidivism, the registration of the Defendant’s personal information, and taking lectures in sexual assault treatment, thereby preventing recidivism.

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