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(영문) 수원지방법원 여주지원 2017.01.26 2016고합103
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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

At around October 2014, the Defendant opened a string door before the house of the victim D (n, 68 years old) in Gyeonggi-gu, Gyeonggi-do, and entered into the house, and opened a string door with the opening of the toilet by sound shower in the toilet.

Then, the defendant found the victim with the head in the toilet, and intruded into the toilet, and tried to have the body body of the victim in the body of the victim in the body of the victim.

Accordingly, the defendant invadedd the room managed by the victim, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with D (foreigners and persons in trust relationship) and police statement protocol with E (victims' fraud);

1. Application of Acts and subordinate statutes to report on investigation (victim D relative investigation, etc.);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act (Selection of Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly 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 to Attend;

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, and Article 49(1) 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 Defendant has a criminal tendency against an unspecified number of victims, considering the following: (a) the Defendant has no record of crime, in addition to punishment imposed on twice a fine for this type of crime; and (b) the Defendant appears to have committed the instant crime contingently;

It is difficult to readily conclude that in this case, only the registration of personal information and participation in the lecture of sexual assault treatment can prevent recidivism by the defendant to a certain extent.

(b)see;

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