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(영문) 춘천지방법원 2018.07.20 2018고합39
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

For the defendant, 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The Defendant is a person who operates D’s pension in Chuncheon City C.

At around 06:00 on September 13, 2017, the Defendant: (a) opened a window not equipped with a correction device and intruded into the room, and (b) opened a pented victim E (n, 60 years of age). On September 13, 2017, the Defendant sent the victim’s chest into a brode, thereby taking the victim’s chest into custody, taking the victim’s chest into custody, and panty, putting the finger into panty.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's resistance impossible condition after the victim intrudes into the room possessed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the victim and the F;

1. Application of Acts and subordinate statutes to recording files;

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) and 299 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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 a notification order, 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 (applicable to a defendant who had no record of criminal punishment for a sexual crime previously committed and thus, has a risk of recidivism or recidivism of sexual assault against him/her;

It is difficult to conclude that the order of disclosure or notification is relatively less than the disadvantages and expected side effects that a defendant may suffer, and the effects of the prevention of sexual crimes, etc. may be achieved by such order are relatively low.

I seem to appear.

Comprehensively taking account of all such circumstances, there are special circumstances in which personal information shall not be disclosed or notified.

I think)

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the details and results of the instant crime, and the circumstances before and after the commission of the crime).

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