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(영문) 서울중앙지방법원 2019.07.05 2019고합169

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

Criminal facts

On October 2018, the defendant and the person subject to a request for an attachment order (hereinafter referred to as the "defendant") from around October 2018, considered the windows around the victim B (Gain, Gain, 7 years of age)'s residential flusium in Songpa-gu Seoul Metropolitan Government flusium in front of the flusium parking lot located in Songpa-gu, and led the victim and his/her birth to become aware of the time when the victim and his/her birth were left without his/her guardian to commit an indecent act.

On January 28, 2019, around 17:51, 2019, the Defendant examined the victim’s residence through windows in front of the hulled rice hulled in the victim’s residence. On the same day, around 17:52, the Defendant classified the first race of the victim’s residence and entered the victim’s door by stating that “the toilet is urgent.”

The Defendant: (a) from a toilet for the victim’s residence, reported the urine to the victim; and (b) opened a house to confirm only the children, such as the victim, etc., in the house; (c) opened the house; and (d) opened the victim’s house to talk with the victim’s son; (d) opened a part of the victim’s son; and (e) intending to get the victim out of the victim’s urine by going

Accordingly, the defendant invadedd the victim's residence and led to indecent act by force.

[Judgment of the court below] The defendant committed a sexual crime against a victim under the age of 19 and is likely to recommit a sexual crime in full view of the method and motive of the crime, the defendant's environment, character and conduct, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made by victims;

1. Statement to C by the police;

1. CCTV CDs, CCTV images, and photographs of places where such pictures are generated;

1. Seizure records;

1. A report on internal investigation (CCTV verification) and a report on investigation (the circumstantial situation for the planned crime);

1. The risk of recidivism in the judgment: The following circumstances revealed by the evidence adopted and examined by the court, the character, conduct, environment, family relationship of the defendant, and the crime of this case.