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(영문) 인천지방법원 2018.09.07 2018고합464
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant was sentenced to two years of suspended sentence in October due to a forced indecent act committed by the Incheon District Court, and the judgment became final and conclusive on August 31, 2017.

On July 20, 2016, around 05:10 on July 20, 2016, the Defendant entered the hospital building through an underground parking lot with the mind of committing an indecent act against the unspecified female patients hospitalized in the hospital located in Seo-gu Incheon Metropolitan City, and then female patients were hospitalized using stairs.

621 No. 621 entered the sick room.

Since then, in order to commit an indecent act against the victim E (one-seven years of age) who was diving in his place, the Defendant left three straws of the victim's clothes in his hand after suspending the victim's snow, and unfolded three straws of the victim's clothes in his hand, and did not have the intent to the wind of the victim.

As a result, the Defendant attempted to commit an indecent act against the victim by impairing the room possessed by the victim, using the victim's mental and physical loss or arbitrariable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A photograph, a gene appraisal report by cutting down the ctv course;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (A), and binding of criminal records;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes on the Crime, and Articles 319 (1), 299, and 298 of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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 the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "children and juveniles"), which is ordered to disclose and notify, shall be deemed to be a child or juvenile;

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