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(영문) 대전지방법원 논산지원 2016.11.23 2016고합33
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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 00:30 on July 9, 2016, when the Defendant was hospitalized and received treatment at the D Hospital 205 located in Ysan-si, the Defendant opened and intruded with the entrance of 206, the female wards of the same floor on July 9, 2016, and opened the entrance to the victim E (the victim E, the son, the 54-year old-old-old-age-old-age-old-age-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old

Accordingly, the Defendant invaded the victim's room in possession, and committed indecent act by using the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Each police statement of the E, F, and G;

1. Application of the investigation report (as to the confirmation ofCCTV image and the speech and behavior of the office director of a D Hospital), investigation report (as to attachment of CCTV image data, etc.), CCTV image data photograph, and CCTV video data-related Acts and subordinate statutes on the second floor of a D Hospital;

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 (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) 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;

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 are deemed to have committed a sex crime as indicated in its reasoning, but it is difficult to readily conclude that the Defendant is likely to recommit a sex crime even after having been punished, considering the circumstances leading to the crime, the circumstances before and after the crime, and

While the need to impose security measures such as disclosure of personal information on the defendant is not significant, the disadvantage and side effects are the same.

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