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(영문) 대전지방법원 2018.10.19 2018고합360
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 April 27, 2018, the Defendant: (a) opened a road near AB in Ansan-si on April 27, 2018; (b) discovered the victim AC and had the victim committed an indecent act; (c) discovered the victim AC; and (d) entered the victim AE Management Office AFtel in Ansan-si, following the victim AC.

The defendant was on board the elevator in accordance with the victim AC, and the above 3th floor of the officetel, and the defendant was on board the shoulder part of the victim AC after the victim AC.

Accordingly, the Defendant committed an indecent act by force against the victim AC by impairing the victim AE management structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to AC by the police;

1. Each written statement of AC and AG;

1. A photograph of damaged part of the victim;

1. Application of Acts and subordinate statutes to the 112 reported case processing list, on-site CCTV data;

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. 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, to notify, and to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished as a crime of sexual assault and thus has a risk of recidivism or re-offending of sexual assault;

It is difficult to readily conclude, only with the registration of personal information of the defendant, and the completion of sexual assault treatment programs, can prevent the defendant from repeating a crime.

In full view of other circumstances, such as the defendant's age, occupation, and environment, the contents and motive of the crime in this case, the method and consequence of the crime, etc., the personal information of the defendant shall be disclosed or notified to the juvenile-related institutions.

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