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(영문) 서울서부지방법원 2016.02.05 2015고합304
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 30, 2015, at around 05:00, the Defendant discovered the victim E (the 27-year old) who was married home in the front of Yongsan-gu Seoul Metropolitan City, and tried to commit an indecent act against the victim under the influence of alcohol, and the victim was in the rear of the victim, who opened the front door and tried to enter the said house at the time when the victim was in the front of the victim’s house located in △△ Dong-dong, Yongsan-gu, Seoul, and tried to open the front door in the front of the victim’s house in the above house, and invaded the victim into the victim’s house, and continued to intrude the victim’s chest after the victim’s hand, and committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Entry of each part of the police protocol and the suspect examination protocol against the accused in the prosecution;

1. Photographs of the place of crime, CCTV images front of the G main point, CCTV images, CCTV images, and photographs, CCTV images CDs, mobile channel drawings, and photographs by capturing the detailed details on the report 112;

1. Application of Acts and subordinate statutes to a report on investigation (the act of victim), a report on investigation (the act of victim H counterpart investigation), a report on investigation (the act of CCTV from G key CCTV), a report on investigation (the act of CCTV from the moving route of victim), a report on investigation (the act of CCTV from the moving route of victim and the suspect), and

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 in favor of the defendant among the 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 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 (the defendant has no criminal record of the same sexual crime; the defendant has the effect of preventing recidivism even by completing personal information registration and sexual assault treatment programs.

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