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(영문) 수원지방법원 안산지원 2020.01.17 2019고합317
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[criminal power] On February 19, 2014, the Defendant was sentenced to five years of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, Rape, etc.) at the Ulsan District Court, and completed the execution of the sentence on December 3, 2018.

【Criminal Facts】

On November 18, 2019, around 19:50, the Defendant got off the bus at the bus stops B in front of the Seocho-gu, Ansan-si, Ansan-si, Seoul-si, in a manner to report the victim D (name, 16 years of age) who waits for the bus and to commit an indecent act, and the victim gets aboard the bus and gets off the bus, followed the victim by getting off the bus at the bus stops at the bus stops at the Ansan-si, Ansan-si (hereinafter omitted).

On November 18, 2019, at around 20:20, the Defendant: (a) opened a password at the entrance of the building at Ansan-si (hereinafter omission) where the victim is a residence; and (b) intruded into the door before the opening of the entrance door.

Accordingly, the Defendant, who was rapidly going to the direction between the stairs of the first and second floor, was committing an indecent act for about 1 to 2 minutes by putting the knife in the front side of the victim who shacked down the knife after the shacking the knife so that he shacks the knife and knife the knife knife knife knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A 112 reported case processing list, CCTV images around the site and moving routes;

1. Previous convictions indicated in the judgment: Results of the search by prisoners, results of inquiry, and application of Acts and subordinate statutes to report on investigation (verification of suspect-like records);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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. Ordered children or juveniles to complete programs;

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