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(영문) 대구지방법원 포항지원 2018.02.22 2017고합114
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2017, at around 01:20, the Defendant opened a bend door of the victim D (Woo, 37 years of age) located in Ulleung-gun C, and intruded into the inside, and discovered the victim who was locked at the bend door, and committed an indecent act against the female, and led the victim to see the part of the victim’s bridge by hand.

As a result, the defendant invadedd the victim's residence and committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a site photo of the case), investigation report (Attachment of a site map);

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), 299, and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. Comprehensively taking into account the following circumstances: (a) Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (with no history of criminal punishment against the Defendant for sex crimes; and (d) the sexual crime of this case is not an offense against unspecified women; and (e) the Defendant’s age, family environment, social relationship, degree of risk of recidivism; (e) profits expected by the order to disclose or notify the disclosure of this case; and (e) disadvantages and side effects therefrom; and (e) the registration of personal information

The defendant's personal information can be seen.

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