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(영문) 청주지방법원 충주지원 2017.05.25 2017고합36
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2017, at around 02:40, the Defendant, at around 02:40, was in front of C apartment 2Odong, followed a rail installed on the window of the first floor bend apartment 1, and up to 2th floor of the above apartment 1st floor, opened the victim D (one name, other, 37 years old) who was living in the victim D, and infringed on the victim’s residence.

The defendant continued to enter the victim's dwelling room through the victim's house, and committed an indecent act by force against the victim by taking the victim's appearance, who was locked by the inside bed.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

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. 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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend lectures and the protection and observation;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, environment, social ties, criminal records (no such criminal records) recognized as recorded; (c) the circumstances and results of the instant crime; (d) the circumstances after the instant crime; (e) the effectiveness of preventing sexual crimes expected by disclosing or notifying the Defendant’s information; and (e) the disadvantage and anticipated side effects of the Defendant, there are special circumstances that may not disclose or notify the Defendant’s personal information;

[Judgment] Grounds for sentencing

1. The scope of applicable sentences under law: Imprisonment of two years and six months to six months.

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