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(영문) 창원지방법원 진주지원 2017.11.28 2017고합79

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등

Text

A 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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of intrusion upon residence) came to know of the victim D (n, 22 years old) located in Hadong-gun, Hannam-gun, and came to know of the victim’s house, and, upon the request of the victim to the effect that “The victim would not be able to get out of his/her depth, it is apprehended that the victim would not get out of his/her depth, and the victim would break out his/her body”, the Defendant divided the victim’s initial body of the house upon the victim’s request to the effect that “the telephone or the first body is divided, and the victim's body is cut off, but any person was aware of the victim’s house and intrudes the victim’s house with his/her house, and then found the victim who was diving at his/her house.

As a result, the defendant invadedd the victim's residence and committed an indecent act against the victim by using the victim's non-fluence condition.

2. Intrusion upon residence;

A. On April 2017, the Defendant, who intruded upon a house, was suffering from the ordinary sprink at a place, such as paragraph (1) of the Police Officers in April 2017, and was believed to have been able to assist the spherb before the spherb, if he/she wears clothes or photographs. In order to see the victim’s clothes from the victim’s spherbs, or to take a spheric photograph, the Defendant spherbed the victim’s house door door and sphere the body and intrudes the victim’s dwelling by using any creb

B. On May 16, 2017, around May 16, 2017, the Defendant infringed upon the victim’s residence in the same manner as the above paragraph (a) at around 20:30 on May 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Protocols of seizure and list of seizure, application of Acts and subordinate statutes of restored panty photographs;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion on residence and the choice of abandonment), and Article 319 of the Criminal Act.