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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단8

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

"2018 Highest 8"

1. Around 08:05 on August 14, 2017, the Defendant committed an indecent act against the victim in a situation where it is impossible to resist by finding out the victim D(20 years of age) at the second floor underground in Eunpyeong-gu Seoul, Seoul around 08:05, the Defendant committed an indecent act against the victim in a situation where he/she is unable to resist by taking advantage of the victim’s arms.

2. On November 8, 2017, around 10:30 on November 10, 2017, the Defendant: (a) went into the house of the victim G members of Eunpyeong-gu Seoul building E-F; (b) opened a studio door, which is likely to steals property; and (c) intruded into the said door; and (d) made use of the creb in which the victim was diving, one half of the market price of the victim’s possession was equal to KRW 50,000,000.

"2018 Highest 503"

1. The Defendant who intrudes upon the victim H’s residence on December 4, 2017: (a) came into the house of the second floor victim H of the J church building in Gyeyang-gu I at the time of Goyang-gu, Gyeyang-gu; and (b) leaves the keys put in front of the door without the victim’s permission.

In order to open a door and enter the house, the victim's residence was invaded.

2. On December 4, 2017, around 11:25, 201, the Defendant who intrudes into the victim K with a residence: (a) the key to put the Defendant into the front of the entrance, without the consent of the victim; (b) the key to put the Defendant into the front of the entrance, in the house of Seoyang-gu Lbol Lbol Lbol-gu Lbol-gu Lbol

In order to open a door and enter the house, the victim's residence was invaded.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes governing victims of H and K;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Indecent Acts in Crowd Places), Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.