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(영문) 인천지방법원 2016.09.30 2016고합471
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2016, around 23:30 on June 22, 2016, the Defendant found the victim D (n, 19 years of age) residing in the Nam-gu Incheon Metropolitan City, and tried to commit an indecent act on the victim's body, such as chest, but failed to commit an indecent act on the victim's body, even though the victim did not commit a wind with the wind, in order to prevent the victim's sound.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Screening of E CCTV images and cellular images of suspect moving lines, field map, CCTV-fashion by a person under his/her control, and photographic fags and photographs worn by the person under his/her control on the same day of the incident;

1. Each investigation report (the suspect's moving track tracking, the confirmation of CCTV as a suspect escape, and the specification of the suspect);

1. Application of Acts and subordinate statutes to each internal investigation report (a CCTV verification, field investigation, and field investigation);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 298 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant exempted from the disclosure order and notification order has no record of being punished for the same crime, personal information.

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