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(영문) 춘천지방법원 2017.02.03 2016고합90
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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 5, 2016, at around 23:40 on July 5, 2016, the Defendant: (a) opened the correction entrance of the victim E (31 tax, in the front of the reduction room of the dormitory in the D High School Joint Practice Center, Hongcheon-gun, Hongcheon-gun, the Defendant used Turkey to arbitrarily open the entrance and intruded the entrance; and (b) opened the entrance with one hand after hearing the sound from the entrance to the victim’s hump and rhumping it with another hand.

Accordingly, the defendant invadeds on the room possessed by the injured person, and forced the injured person to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to E and F;

1. 112 Reporting case handling table;

1. Application of the CCTV data and photographs by time of CCTV images on the day of the case, and the statutes governing the site photographs of the case;

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

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 stay of execution (The following circumstances considered in favor of 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 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 (the fact that the defendant has no record of being punished for a sexual crime, personal information registration, and taking lectures to treat sexual assault, appears to have the effect of preventing recidivism to a certain extent, such as family environment and social relationship between the defendant, and other benefits and preventive effects expected by the defendant's age, occupation, disclosure or notification order, and the same.

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