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(영문) 수원지방법원 안산지원 2019.07.12 2019고합97

성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)등

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A defendant shall be punished by imprisonment for three years.

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

except as disclosed and.

Reasons

A. On August 21, 2015, the Seoul High Court sentenced a three-year probation period to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Defendant”) at the Seoul High Court on August 21, 2015, which became final and conclusive on August 29, 2015, and is currently under probation period.

【Criminal Facts】

1. At night, the Defendant: (a) had been urged to repay the borrowed money from a person who suffered difficulties in repaying the borrowed money; (b) had the offender stolen money and valuables against him.

Around 04:00 on February 24, 2019, the Defendant discovered C and the victim D while visiting the subject of the crime, and subsequently came to know of the fact that C and the victim D entered the house by opening the front door even after opening the door.

Accordingly, the Defendant, at around 07:03 on the same day, had a door, opened a door, and intruded into the door, found that C and C’s male-friendly arrest victim D were locked together with the victim’s male-friendly arrest victim, and stolen it with the sum of KRW 21,000 in cash on TV table, and KRW 16,00 in cash on TV table.

Accordingly, the defendant invadeds on residence at night and stolen the victim's property.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (or quasi-Rape) stolen D’s property by intrusion upon a residence at night, at the same time and at the same place as described in the foregoing paragraph (1), and tried to gather the victim’s chests into the sexual flag of the victim C (the victim’s 33 years of age) and store the victim’s chests by hand.

Accordingly, the defendant intrudes on another person's residence at night, steals property, and uses the victim's mental disorder or failing to resist.