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(영문) 창원지방법원 밀양지원 2016.06.10 2015고합45
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was well aware of the fact that the victim C (the 35 years of age) who had long been aware of her natives and had long been married, could not use the right-hand side in second degree of disability and could not use the right-hand side without the care of his guardian.

On December 9, 2015, the Defendant found that there was no victim’s mother’s vehicle in front of the victim’s house located in Gyeongnam-gun, Gyeongnam-gun, not around 20:50 on December 9, 2015. The Defendant committed an indecent act against the victim by easily resisting or reporting a sex offense due to the foregoing disability.

The Defendant opened the gate and the door door of the victim who was not corrected and sent to the victim “hing anywhere to her,” and the victim called “hing to her.” The Defendant entered the victim as soon as possible to her to enter the victim, put his/her fingers in the inside of the victim, and continued to her fingers his/her breasts into several times, and her breasts were boomed by inserting his/her fingers within the inside of the victim.

As a result, the defendant invaded the victim's residence and forcedly commits an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Stenographic records;

1. A gene appraisal report;

1. Investigation report (a copy of victim's welfare card shall be attached);

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) and Article 298 of the Criminal Act (a point of coercion of intrusion on residence), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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