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(영문) 광주지방법원 2020.03.27 2019고합538
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2019, the Defendant, at the Dong-gu Gwangju District District Court, held a visit that is not corrected by the victim C(20 years of age) residing, and intruded into the room. The Defendant forced the victim to be forced to leave the panty of the victim, who was panty spanty and was locked, and the victim tried to get out of the panty even though the victim got sound, and tried to get out of the panty of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. CCTV CDs (it is recognized that the Defendant had an intentional intrusion on the part of the victim, in light of the route in which the Defendant moved to the room of the victim, his behavior while living for a considerable time in the front of the victim’s room, and the time in the measure of the victim, etc.

1. Voluntary report;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (in light of the fact that foreigners of Mongolian nationality have no smooth communication through Korean language and thus the effectiveness of taking lectures for treating sexual assault appears to be low, and that there is a possibility that they may be forced to leave abroad by procedures under the Immigration Control Act, it is recognized that there are special circumstances in which order to attend cannot

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 or notify information; 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 has no record of criminal punishment; and the same shall also apply to the registration of personal information of the accused and the restriction on employment

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