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(영문) 대전지방법원 공주지원 2018.11.28 2018고합18
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

At around 11:00 on January 10, 2018, the Defendant opened a door door to the residence of the victim D (the age of 53) in Gongju City, without permission, and told the victim to “sacil the coffee.” The victim, who was in the room, intrudes the victim of the defect that the victim intends to get out of the room, and intrudes the victim into the room, thereby putting the victim on the bed, and putting the victim on the bed. If the victim intends to take out from the bed, the victim cannot be pushed down as her invasion if she wants to take out of the bed, and the victim’s will and panty were kneed by hand, and the victim’s sound was kneed by hand.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the photographic Acts and subordinate statutes;

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

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, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished as a sexual crime; the fact that the defendant has no record of being punished as a sexual crime; the fact that personal information of the defendant is registered with personal information of the defendant and lectures to treat sexual crimes can prevent recidivism by

The defendant's age, family environment, social relationship, risk of recidivism, details and circumstances of the crime of this case, and the defendant.

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