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(영문) 의정부지방법원 고양지원 2018.05.15 2017고합268

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 21, 2017, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to a crime of intrusion on a structure at the Jung-gu District Court, and the judgment became final and conclusive on January 24, 2018.

【The Defendant was informed by the injured party on July 30, 2017 from the victim D (math, 44 years of age) and from around February 2016 that he/she was waiting for the victim on July 1, 2017, when he/she had repeated and frequently disputed the hedging with Yong-Nam, while maintaining internal ties from around February 30, 2016, and he/she was waiting for the victim on July 1, 2017, the Defendant was waiting for the victim on July 1, 2017, Seo-gu, Seoyang-gu, Seoyang-gu, and 7th floor Fudio (which shall not be allowed by men exclusively dedicated to women, and must enter the facility with the permission of the manager). The Defendant was able to use the victim on the part of the victim on the 7th floor of the above studio, following his/her escape with the victim on the hallway.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made to D or G;

1. CCTV images of a crime scene;

1. A report on internal investigation (the layout structure, etc. of a 7th floor corridor), a report on investigation (the on-site verification of the case), a report on investigation (the confirmation of CCTV images of the 7th floor corridor), a photograph of CCTV-cape

1. Previous convictions: Inquiries about criminal history, the text of 2017 High Order, the text of 1307 High Order, and the application of the text of the judgment of 2017 No. 2854;

1. Article 319 (1) of the Criminal Act; Article 319 of the same Act concerning the crime; and Article 319 of the same Act concerning the selection

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria: Non-establishment of the sentencing criteria;

3. In this case, the sentence of sentence is not appropriate for the defendant to commit a crime because the defendant entered another's residence against his will to harm the peace of residence.

In addition, the defendant is now.