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(영문) 인천지방법원 2016.08.03 2016고합349

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 25, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by forceing intrusion on residence), discovered the victim D (influence, 18 years old) and attempted to commit an indecent act against the victim in the street near the Southern-gu Incheon Metropolitan City apartment 709 Dong-gu, Incheon, and led the victim to drive back. However, according to the victim entering the said apartment 708 common gate, the Defendant entered the said apartment into the said apartment, carried the said apartment into the residence of the occupant, including the victim, and went into the said apartment, and went into the same elevator after the victim was able to use the victim from the defect about to get out of the eightth floor, and became 3 to 4 times the chest of the victim.

Accordingly, the defendant invadedd his residence and forced the victim to commit an indecent act.

2. Compulsory indecent acts;

A. On May 25, 2016, the Defendant, at around 22:55, 2016, 709 Dong-gu, Incheon, Nam-gu, Seoul and 808 street, she was sleeped by the victim E (man, 15 years old), discovered the victim’s awareness of committing an indecent act against the victim, she was sleeped by the victim’s chest, and she continued to sleep the victim’s chest with the hand hand, and the left hand was buckbucked by inserting the hand inside the body of the victim, and became inside the buckbuck.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. On May 25, 2016, around 23:10 on May 25, 2016, the Defendant discovered the victim F (or 18 years of age) who is mixed on the street in front of the Nam-gu Incheon Metropolitan City apartment complex 709 Dong-gu, Incheon, and 18 years of age) in order to cause the victim to commit an indecent act by force against the victim. On the left hand, the Defendant was able to keep the victim’s left chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Each investigation report (the clothes worn at the time of committing the crime discovered at the suspect's residence, attaching photographs to the key part of theCCTV and the clothes worn at the time of establishing the suspect's residence).