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(영문) 수원지방법원 안산지원 2018.11.23 2018고합196
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 July 28, 2017, the Defendant opened a meeting of friendship with D’s workplace clubs, etc. at the meeting of E, E, the attending the meeting to use the second floor toilet. On July 28, 2017, the Defendant discovered that the Defendant was in the toilet by cutting off the clothes for the meeting, opened the door, and intrudes into the room of the room located in the possession of the said victim, after opening the door, and intrudes into the room of the said victim, which is the room possessed by the said victim. The Defendant called “I must, I, I,” “I, I,” and read “I, I,” and read “I, I, I, as the Defendant’s hand.”

As a result, the Defendant infringed on the room possessed by the injured person and committed an indecent act against the injured person by assault.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of witness E, F and G;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on photographs and field photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

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 suspended execution (Article 62 (1) of the Criminal Act on the following 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 Attend;

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 information, 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 (an order to disclose or notify registered information may have a significant impact on the defendant, so it is necessary to pay careful attention to the defendant; the defendant has no record of punishment for a sex offense; the defendant’s personal information registration against the defendant and lectures to treat sexual assault, in light of the defendant’s age, occupation, family environment, social relationship, etc.

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