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(영문) 광주지방법원 2017.03.24 2017고합49
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

At around 05:00 on December 11, 2016, the Defendant: (a) opened entrance of the victim E (n, 27 years of age) (i.e., the victim E (n, the victim 27 years of age) that occurred, and (ii) opened an open entrance of 201, the Defendant tried to read the chest by putting the hand into the clothes of the victim, (ii) kiding the chest, and (iii) kid the broke.

Accordingly, the defendant committed an indecent act against another person's room and committed an indecent act against the victim who was in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and E;

1. Application of investigation reports, internal investigation reports (indecent acts by quasi-indecent acts), investigation reports (in addition to victim's additional statements and forwarding of entrance photographs), investigation reports (in relation to resignation and attachment of mail sent by the victim to the victim), investigation reports (in relation to telephone conversations with theG), and (in relation to telephone conversations with the Gu), investigation reports (in relation to telephone conversations with the victim);

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 disclosure and notification orders, 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 (in this case, the Defendant has no record of sexual assault, and in this case, it appears that the registration of personal information and taking lectures to treat sexual assault can have the effect of preventing recidivism even; the Defendant’s age, occupation, family environment, social relationship, risk of repeating a crime, and the benefits and preventive effect expected from an order to disclose or notify the Defendant’s personal information, as indicated in the record, are the same.

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