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(영문) 수원지방법원 2019.11.28 2019고단6109

주거침입

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 8, 2019, at around 07:15, the Defendant discovered the victim D (the age of 26) entering the entrance before the Suwon-gu B apartment Cdong, Suwon-gu, Suwon-si, and found the victim D (the age of 26), followed by the victim's behind rape or indecent act, and led the victim to rape or indecent act, and opened a password before the victim's house gate and entered the victim's house gate, and intruded the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to CCTV images at the damaged site;

1. The reason for sentencing under Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act regarding criminal facts is that the Defendant complained of symptoms, such as alcohol addiction, depression, excessive network disorder, and sulfur disorder, and sexual impulse disorder.

Although the suspension of the execution of imprisonment due to the crime of indecent act by compulsion, it seems that the sexual impulses were not reached even during the suspension of the execution period, and it is necessary to strictly punish a woman with severe danger without opening it.

However, the fact that the defendant's mistake is recognized and reflected, the fact that there was no exercise of tangible force in the crime of this case shall be considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments.