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(영문) 제주지방법원 2020.06.11 2020고합8
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 40 hours.

Reasons

Punishment of the crime

On January 1, 2020, the Defendant opened a entrance and intruded into the victim’s residence, which was not corrected in front of the victim’s C(n, 85 years of age) located in Jeju-si, Jeju-si, and then entered the victim’s room, and entered the victim’s body, and entered the victim’s room to have the victim’s chestd, and became the victim’s chestd by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Some statements made by the police of the accused and the suspect interrogation protocol of the prosecution;

1. Statement made to D by the police;

1. Related photographs and criminal scene photographs;

1. Application of Acts and subordinate statutes to investigation reports (the submission of voice files for reference);

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 concerning facts constituting an offense, and Articles 319 (1) and 298 of the

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. 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 (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Welfare of Disabled Persons;

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