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(영문) 전주지방법원 2018.03.30 2017고합245
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

around 20:00 on October 3, 2017, the Defendant: (a) performed drinking together with F, his employee, friendly victim G (the age of 19), and H4 employees in Jeonju-gun D; (b) performed drinking together; and (c) the victim was able to perform drinking together with the above penta-gun 311.

On October 4, 2017, the Defendant, at around 01:39, 01: (a) opened a room with a entrance not locked by the above 311, and opened the part of the victim’s drinking part by his hand after the victim’s opening the room, and (b) opened the victim’s body with the victim’s hand, e.g., the victim’s shouldered from the lock, and continuously maintained the victim’s body by hand.

As a result, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental and physical loss or arbitrariable condition after intrusion into the room possessed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. On-site photographs, a statement of the processing of the case reported in 112, a panty structure, a screen of CCTV images, and a photograph, a backbook, and a backbook (nine CDs for panty CCTV images);

1. Each investigation report (the No. 2, 11, and 13 of the evidence list), each internal investigation report (the No. 6,8 of the evidence list), the application of the relevant statute to the report of occurrence;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 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) 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 Juveniles from Sexual Abuse (the fact that the defendant has no past record of criminal punishment, the age, occupation, family environment, and society of the defendant.

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