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(영문) 서울북부지방법원 2017.06.29 2017고단185

특수주거침입등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] At around 14:50 on December 22, 2016, the Defendant was investigated into the family of the victim D (19 years old) located on the 1st underground of Dongdaemun-gu Seoul Metropolitan Government, with an indecent act against the victim’s female-child, and had the kitchen knife, which is a dangerous object to demand agreement, divided the body of the victim into the house of the above victim, and opened the body of the victim, in order to confirm the Defendant’s identity and close the door, and put the door in the door and close the door with the entrance gate.

Accordingly, the defendant violated the residence of the victim while carrying dangerous things.

[2017 Highest 1705] The Defendant 1, around December 19, 2016, at the point of “F” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around 01:50 on December 19, 2016, she drinks with the victim G (19 years old), and D, and her kisk and kis off the victim after she went into a smoking room, and she sits on the victim’s side.

”라고 말하고, 이에 피해자가 일어나 밖으로 나가려고 하자, 손으로 피해자의 어깨 부위를 눌러 다시 앉힌 다음, 손으로 피해자의 턱 부위를 잡고 피고인 쪽으로 돌려 피해자에게 키스를 하면서 손으로 피해자의 가슴 부위를 만지고, 이에 피해자가 손으로 피고인을 밀어내면서 이를 거부하는데도 다시 피해 자의 상의를 위로 걷어 올린 후, 손으로 피해자를 붙잡아 움직이지 못하게 한 후, 입으로 피해자의 오른쪽 가슴 부위와 목 부위를 핥아 피해자를 강제로 추행하였다.

Summary of Evidence

[2017 Highest 185]

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A H statement;

1. Each investigation report (2017 senior order 1705);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a report on video dial statement)

1. Relevant legal provisions on criminal facts, Articles 320 and 319(1) of the Criminal Act on the selection of punishment (a point of special intrusion) and the Criminal Act.