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(영문) 대전지방법원 2018.11.08 2018고합375
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

At around 04:00 on August 30, 2018, the Defendant was in the vicinity of the residence of the victim D (Ga name) located on the first floor of the apartment house C in Sejong-si, the Defendant had expressed his mind that the victim was slick and slicked through his window, and had slicked the slick and forced the victim to commit an indecent act by force.

The Defendant opened a closed window that was not corrected and entered the bend of the victim’s residence, and continued to hold a safe window that was not corrected, and went to the safe room where the victim was her.

In order to see the sound of the victim who is diving, the defendant puts hand below the sleep and sleeps the bottom of the panty, and sleeps it next to it.

As a result, the defendant invadedd the victim's residence and committed an indecent act against the victim by using the victim's non-fluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes to on-site photographs and on-site photographs of the defendant, CCTV CDs, and recording records;

1. Article 3 (1), Article 319 (1), and Article 299 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., concerning the facts constituting an offense;

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 shall be considered for 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 Committed to Attend;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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 exempt from disclosure orders, notification orders, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose personal information, notification orders, and employment restriction order may have a significant impact on the Defendant.

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