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(영문) 창원지방법원 통영지원 2017.06.15 2017고합11

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of intrusion on residence) opened a door that was on the second floor of “D” pented in C at odon-si, 21:00, which was not set up in front of the accommodation of the victim E (Influence, 35 years of age and Ga name) and intruded into that door, thereby leading the victim to the right chest of the victim.

As a result, the Defendant invaded the victim's room and committed an indecent act on the part of the victim by using the victim's resistanceable condition.

2. In the event of an indecent act by force against the victim, as described in paragraph 1, the victim is broken out or the accused “Isever,” while the victim committed an indecent act against the victim.

After the day after the escape, the victim's accommodation entrance was opened and intruded with the victim's mind to commit an indecent act at the above location at around 21:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Investigation report (the photo of the victim with respect to his indecent act by force);

1. Application of Acts and subordinate statutes to listen to witness’sF telephone statements;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 299, 298 of the Criminal Act (the point of engaging in an indecent act by compulsion of intrusion upon residence, the choice of imprisonment with prison labor), and Article 319(1) of the Criminal Act (the point of intrusion by room and the choice of imprisonment with prison labor) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (indecent act by compulsion of intrusion upon residence)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Courses;