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(영문) 대구지방법원 포항지원 2017.12.07 2017고합68

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 30, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Intrusion on Residence) was under the influence of alcohol in the front of the D Hospital located in North Korea-gu, Posting at the port, North Korea-si, and found the victim E (one-six years of age) and followed by the victim, who entered the female toilet on the first floor of the D hospital in order to see the melting side.

On the other hand, the defendant continued to have a side of the victim's toilet which the victim tried to open the door, and has a side of the victim's room which is against the will of the victim, divided each side of the victim into two hands, forced the victim to change the victim, and knee and kne of the victim, knee and kned the victim into the victim's left hand, and rhing the victim's right shoulder and arms into the part of the victim's breast.

Accordingly, the defendant invadedd a structure and committed an indecent act against the victim.

2. The Defendant’s forced indecent act, as seen above at the above date, time and place, and around the time when the security guards patroled inside the D hospital, he heard the victim’s corruption and went to female toilets, and the victim went away from the toilet and went to the entrance of the D hospital.

As a result, the defendant continued to use the victim's hand once, and took the victim's left hand by hand.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in video recording CDs;

1. Statement made by the police with regard to F;

1. A criminal investigation report (Attachment of photographs at the scene of the crime), a criminal investigation report (Attachment of a CCTV screen at the time of the crime), a criminal investigation report (verification of differences in time related to the crime, such as entry into toilets), a criminal investigation report (Attachment of CCTV and other video files), and a criminal investigation report;

1. Application of video CDs (CCTV image)-related Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) of the Criminal Act regarding criminal facts.