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(영문) 제주지방법원 2017.08.24 2017고합94
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to two years of imprisonment for an attempted quasi-rape at Jeju District Court or four years of suspended execution, and the judgment became final and conclusive on February 13, 2015, and is currently under suspended execution;

1. On March 20, 2017, around 01:30, in the vicinity of “D” located in Jeju Island, the victim E (here, 27 years of age) returned home, and when entering the entrance door of multi-household housing located in F in Jeju, Jeju, the residence of the said victim, into the said housing site, and intrudes into the said housing site; and then, the victim’s chest was forced by forcing the victim E, by preventing the victim from being injured by his/her hands out from the lower half floor to the first floor, and by taking charge of the victim’s chest with his/her left hand;

2. On May 18, 2017, around 01:35, at Jeju Island, the victim I returned home to the H (the 20 years of age) before the victim I (the Ha, Ha, and 20 years of age). The victim’s residence entered the J building entrance inside the building at Jeju, a residential area of the said victim, and intrudes into the said building; and the victim was able to use the stairs from the 2nd floor to the 3rd floor, and use the victim’s chest and the her chest and the fluor, thereby forcing the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Other closure photographs of each CCTV image;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes, Articles 319 (1) and 298 of the Criminal Act / [Selection of Imprisonment with prison labor for each limited term];

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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