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(영문) 광주지방법원 2018.05.04 2018고합118
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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 November 11, 2017, at around 04:50, the Defendant discovered that the entrance door of the residence of the victim D (one, the other, the other, the other, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second,

The phrase "I am," and the phrase "I am," and the victim committed an indecent act in a way that ambling the victim, and ambling the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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. 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 (where the defendant has no record of any sexual crime, the degree and expected side effects of the disadvantage and side effects of the defendant's entry due to the order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim from the sexual crime subject to registration, there are special circumstances in which the defendant shall not disclose or notify personal information.

3) Determination of the argument of the defendant and his defense counsel

1. The assertion;

A. The Defendant’s punishment should be mitigated since he/she was unable to report his/her crime to an investigative agency.

B. The Defendant is under the influence of alcohol.

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