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(영문) 부산지방법원 2018.08.24 2018고합281
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

The Defendant is an employee of "B hotel in Busan-gu B hotel".

On March 28, 2018, at around 06:37, the Defendant: (a) went to the victim’s male-gu D and E heading room while the victim C (at the age of 35) was drunk; (b) went to the victim’s male-gu D and E heading room; (c) around 07:10, D went to the above hotel; and (d) had the victim interfered with the above guest room to commit an indecent act against the victim.

At around 07:21 on the same day, the Defendant opened a door that was not corrected in the subparagraphs of the said hotel E and intruded into the said door, and deemed the victim who was locked by being locked in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the bend in the unclaimed state without her clothes, and confirmed whether the victim was locked or not, then the victim’s her her her her her her her her b

Accordingly, the defendant invadeds on the room possessed by the victim, and commits an indecent act against the victim by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (1) , on-site photographs, and CCTV photographs;

1. Application of Acts and subordinate statutes to a investigative report (including the attachment ofCCTV images and accompanying CDs);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 Defendant’s age, occupation, social ties, criminal records, and the risk of recidivism recognized as recorded (no record of sexual crimes)], and the disclosure order or notification order of this case.

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