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(영문) 대구지방법원 경주지원 2016.05.20 2015고합56
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 June 22, 2015, the Defendant: (a) around 03:40 on June 22, 2015, the Defendant: (b) opened a entrance and opened a door to which the Defendant was aware of in advance of committing an indecent act against the victim’s residence; (c) infringed upon the victim’s residence; and (d) committed an indecent act by force by force against the victim, by holding the victim’s her her ambl with his ambl with his ambl with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of on-site floor plans, internal investigation reports (related toCCTV suspect), CCTV image photograph-faging statutes;

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 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. In full view of the following circumstances: Article 47(1) and Article 49(1) proviso to 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; Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal record exists); the victim’s intent who does not want the Defendant to be punished; and other interests and preventive effects expected from the order to disclose or notify the information of this case; and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be made;

In conclusion, it is judged that the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Infringement on Residence) is convicted of a sex offense subject to registration of new information.

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