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(영문) 제주지방법원 2020.02.13 2019고합138
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a seafarer B, and the husband D of the victim C (the family name, the female, the age of 28, the four) is the same as the crew or the ship owner of the E or B, and the defendant and D are known to him.

At around 23:50 on July 12, 2019, the Defendant opened a locked door at the victim’s house located in Jeju City F, and intruded into the inside, and rhym the victim’s turb in a locked state.

Accordingly, the defendant invadedd the victim's residence, and committed indecent acts by using the victim's non-performance state.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C (tentative name) and D;

1. Results of on-site inspections by this court;

1. Statement made to C by the police;

1. Each relevant photograph; 1. Application of Acts and subordinate statutes of each investigation report or internal investigation report (No. 7,9,11,18 No. 18)

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. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and (2), and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (1) 2 of the Act on the Lapse of 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 Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to be Registered [the defendant] Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Decision on the Sexual Crimes subject to Registration (the defendant's conviction is confirmed as a crime committed by indecent act by residence).

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