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(영문) 수원지방법원 안산지원 2019.10.11 2019고합190

성폭력범죄의처벌등에관한특례법위반(특수강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

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

The defendant and the victim B (the age of 28) are Vietnam's nationality, and they are known about 6 months prior to the lapse of 6 months.

1. On August 4, 2019, the Defendant violated the Special Act on the Punishment, etc. of Sexual Crimes (special indecent act by compulsion) at the victim’s house located in C and heading C and heading on August 4, 2019: (a) during dialogue with the victim, the victim had a defect in contact with other men; (b) the victim “the victim was forced to have a string off, a string off, a mobile phone was inside, and a cell phone was inside, and there is no need to be inside; and (c) the victim’s shoulder was placed in a knife by placing the victim’s shoulder in a knife, which is a dangerous object in the kitchen, and then placed the victim’s shoulder on a knife inside the knife, and the victim threatened with “the victim and the victim were able to have a knife, have no phone, and have a written answer.” (c) The victim and the victim were forced to have a knifed by the victim and the victim’s hand.

Accordingly, the defendant committed indecent acts by force against the victim with dangerous things.

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of the status and period of sojourn.

Nevertheless, around May 17, 2017, the Defendant entered the Republic of Korea as a general training (D-4) sojourn status, without following due process such as obtaining permission for extension of the period of stay from the Minister of Justice before the period of stay expires, and stayed in the Republic of Korea until he/she is arrested by the police officer of the Silung Police Station on February 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police seizure records;

1. Investigation reports (Attachment of the relevant 112 Reporting List), investigation reports (verification of CCTVs in the location of occurrence), investigation reports (entry into and departure from the Republic of Korea and the verification of foreign information);

1. A written accusation;

1. Application of Acts and subordinate statutes of blades;

1. Relevant Article on the facts constituting an offense and the punishment, etc. of a sexual crime selected;

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