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(영문) 의정부지방법원 2017.07.13 2017고합206
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 26, 2017, around 02:30, the Defendant committed an indecent act against the victim by entering a room where the victim was using the victim’s house through the window of a bath room of the victim D (name, leisure, 15 years of age) at his government-si, and by drinking the chest of the victim who was divingd above on every t lease.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental and physical loss or arbitrative condition after the victim invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes to photographs (Evidence No. 5) taken of the suspect divingd in the victim's residence, and photographs (Evidence No. 36) taken of the victim's conversation E;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319(1) and 299 of the Criminal Act, and choice of imprisonment with labor for a limited term;

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 notify, and 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 (excluding the crime of this case, the Defendant has no record of punishment for any sexual crime, and thus, is likely to have a habit or repeat a sexual crime as he/she has no record of punishment otherwise,

It is difficult to readily conclude that the registration of personal information and the completion of a sexual assault treatment program can have the effect to prevent recidivism by the defendant.

In addition, in full view of the benefits and prevention effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

The decision is that the registration and submission of new commercial information should be made.

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