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(영문) 수원지방법원 안양지원 2019.10.18 2019고합81
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

around 14:18 on January 19, 2019, the Defendant: (a) opened a corrective visit in which the Defendant was residing in Ansan-si B; (b) opened a closed visit in which the Defendant’s residence of the victim C (for example, name, 34 years of age) resides; and (c) intruded the victim’s residence; and (d) got out of the victim’s knifebbbbbs.

Accordingly, the defendant invadedd the victim's residence, and committed indecent act on the victim by using the victim's condition of mental disorder or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to C by the police;

1. Images of CCTV video data (one CD) at the time of committing the crime;

1. Application of Acts and subordinate statutes to on-site photographic materials, photographic materials (the details of transmission of text messages), and CCTV photographic materials;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Comprehensively taking account of all the circumstances such as: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no record of punishment for sex crimes; (c) it is difficult to readily conclude that there is a risk of recidivism or recidivism against the Defendant; (d) the Defendant’s sentence and registration of a sentence against the Defendant; (e) orders to undergo sexual assault treatment programs and employment restriction orders are anticipated to have the effect of preventing recidivism; and (e) profits and preventive effects expected by the disclosure order or notification order; and (e) the disadvantages and anticipated side effects of the Defendant resulting therefrom (in

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