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(영문) 의정부지방법원 고양지원 2016.10.21 2016고합127
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 02:30 on July 6, 2016, the Defendant confirmed that the windows of the wards of detached houses located in Yongsan-gu, Yongsan-gu, Yongsan-si C are not locked, and had the body of women entering the house.

As above, the Defendant opened a window in an unlocked ward and became aware of the victim D (the age of 28) through the living room, and met the sagn and sound of the above victim, who was invaded by the victim D (the age of 28).

As a result, the victim who intrudes upon the residence at night of the defendant and was in an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (CCTV investigation);

1. Application of Acts and subordinate statutes concerning escape video;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) Reduction element of the crime of indecent act by force (a person aged 13 or older) type 2 (a person who commits indecent act by force, such as indecent act by force and intrusion on residence, etc. by force and by force): Imprisonment with prison labor for one year and six months to three years [the scope of the recommended sentence] imprisonment for one year and six years [the scope of the corrected recommended sentence] for two years and six months to three years (the lowest limit of the recommended sentence according to the sentencing guidelines is lower than the lower limit of the statutory applicable sentence, and the lower limit is governed by the applicable applicable sentences under law];

3. Determination of sentence:

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