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(영문) 광주지방법원 2015.01.16 2014고합472

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

피고인은 2014. 6. 12. 16:00 광주 서구 C에 있는 피해자 D(여, 71세)의 집의 잠겨있지 않은 출입문을 통하여 안방에 침입한 다음, 혼자 있던 피해자에게 “나는 금방 싸는 스타일인게, 자네 서방 요새 본께 차가 없더라, 얼른 싸버리고 10만 원 벌면 될 것 아니냐, 얼른 줘야.”라고 말하면서 피해자의 상의 속으로 손을 집어넣어 피해자의 가슴을 움켜쥠으로써 피해자의 주거에 침입하여 피해자를 강제추행하였다.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. Each statement made by the witness E or F in compliance with this Court;

1. The statement made by the victim (the defendant is the main point of "G" (hereinafter referred to as "the main point of this case"), which is suitable for the victim's statement recording as to the victim D.

2) The Defendant’s statement at the main point of the instant case, i.e., the victim’s statement, i., the victim’s statement, and the victim’s statement, i.e., the victim’s statement, i., the victim’s statement, and the Defendant’s statement, i.e., the victim’s statement, i., the victim’s statement, i.e., the victim’s body immediately after the crime of this case, are consistent with the victim’s statement, ii) the victim’s statement, i.e., the victim’s statement, in time and place, was consistent with objective circumstances, and the victim’s statement was made at an investigative agency immediately after the victim’s occurrence of damage, there is no room for false intervention due to the victim’s statement or past experience, and the victim’s statement, other than giving and taking personnel affairs from one another on the street, and considering the circumstances in which there is no motive to dismiss the Defendant who did not have any friendship or contact, i.

1. Each statement made by the assistant judicial police officers in a report on the occurrence of an indecent act and a statement made in a 112 report.