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(영문) 수원지방법원 안산지원 2018.06.01 2017고합262
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

On July 12, 2017, at around 06:00, the Defendant entered the house through the front of the house of the victim D (names, fels, 23 years old) located in C when lighting, and did not have been corrected, and the victim discovered the form of her being able to sleep by the wind of clothes in the room, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

As a result, the defendant invaded the victim's residence and commits an indecent act against the victim in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to report internal investigation (survey of black stuffs), report internal investigation (survey of CCTVs), investigation report (on-site photographs);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 299, and 298 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

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. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (an order to disclose or notify registered information may have a significant impact on the defendant, so it is necessary to pay careful attention as such order may have a significant impact on the defendant, the defendant has no record of punishment for a sex offense, and the defendant's age, social relationship with him/her can prevent recidivism by taking part in the registration of personal information of the defendant and taking part in the treatment of sexual assault against him/her;

The defendant will sustain due to the details and circumstances of the crime of this case, and the disclosure and notification order.

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