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(영문) 서울북부지방법원 2017.02.03 2016고합424
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 14, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against intrusion on residence) committed an intrusion on the inside room where the victim D (57 years old) was divingd by the victim C underground 2 in Gwangjin-gu Seoul Special Metropolitan City around 10:00 on April 14, 2015, and caused the victim's panty panty and prompt entrance.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

2. On July 22, 2016, around 01:50 on July 22, 2016, the Defendant forced the victim G (63 years of age) who takes possession of the victim’s sexual organ in the F will or the surface of the water located in Dongdaemun-gu Seoul Metropolitan Government E, thereby spreading the victim’s sexual organ to his/her hand and promptly entering the victim’s sexual organ.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol with respect to D or G;

1. Application of the statutes in the written reply to the request for appraisal;

1. Article 3 (1), Article 319 (1), Article 299 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes on Criminal Facts, and Article 298 of the Criminal Act (the point of forced intrusion on residence, the choice of imprisonment), Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment, to the extent that the punishment is aggregated with the long-term punishment of two crimes];

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, 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 [the defendant's age, sex, environment, criminal record (no record of punishment for a sexual crime) as recorded in the record, the risk of recidivism, the effect expected by an disclosure order and an order of notification order, and the results therefrom.

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