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(영문) 인천지방법원 2015.10.02 2015고합198
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 29, 2014, the Defendant attended the meeting ceremony held by the said meeting room business owner to serve together with the victim E (21 years of age), F (30 years of age), etc. while working as a guest at the D meeting located in Yong-gu, Young-gu, Gyeong-si, Gyeong-si, the Defendant was willing to commit an indecent act by entering the victim's room using a cresh and cresh.

1. On November 30, 2014, between 05:00 and 07:00, the Defendant: (a) opened and intruded into a locked door of the room in which the victim E was under the influence of the victim; and (b) went off the victim’s panty and panty, and met by hand.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist by intrusion into the room possessed by the victim.

2. The Defendant removed the window wooden board in the room where the victim F was spawn at the same time and place as the above paragraph 1, and intruded into the room where the victim F was spawn, and only the part of the victim’s sound was spawn on his part.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist by intrusion into the room possessed by the victim.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes in Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with Respect to F with heavy penalty);

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. Exemption from disclosure orders and notification orders:

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