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(영문) 수원지방법원 2016.11.22 2016고합570

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 23:50 on August 5, 2016, the Defendant: (a) reported the back habits of the victim E (the age of 19) who walked around the D convenience point located in Suwon-si C, Suwon-si; and (b) led to the back of the victim E (the age of 19) who returned home.

around that time, the Defendant: (a) discovered that the victim was opening a door door and cutting the stairs in front of the 1st floor of the Suwon-si F Building, Suwon-si, the Defendant: (b) opened a door door and intruded into the gate; (c) discovered the Defendant from the victim who was on the 4th floor of the math of the 4th floor of the math of the mathra, discovered the Defendant from the victim; (d) laid down the math of the math of the 4th floor of the math of the mathra, knicked the victim’s shoulder with a knife, and prevented the victim from suffering with a knife with a knife’s shoulder; and (d) forced the victim to commit an indecent act by threatening the victim by threateninging the victim’s knife into the knife of the knife at that knife; and (d) forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Blue box photographs of suspect attachment, photograph of suspect attachment, fuel cans of drinking water, photograph of convenience store receipts, etc., escape dong line and CCTV location confirmation data of suspect's last dong images, receipts for the purchase of drinking water by suspect, CCTV data for crime prevention, suspect attachment photographs, and small-sum settlement of drinking water purchase before committing crimes;

1. Application of Acts and subordinate statutes to a report on investigation intelligence and on the results of field inspection of a flood team;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.