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(영문) 서울중앙지방법원 2015.12.30 2015고합947

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

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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. Around 05:40 on June 20, 2015, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by force), discovered the victim E (a person F, f, and 17 years old) who was walking a path in front of the studio building in Gwanak-gu, Seoul Special Metropolitan City, followed the victim’s residence in front of the studio building in which the victim had a residence.

The Defendant opened the entrance door of the studio using the entrance card possessed by the victim and entered the studio, using the gap where the entrance door was opened, and intruded into the studio building.

As above, the Defendant followed the victim, and then the victim tried to take a password of the above studio door door door, which is his residence, by approaching the back of the victim who tried to open the door, and sprinked the victim by using both arms, and attempted to sprink the victim's face toward the defendant, and forced him to go back to the victim's face, and continued to go back to the victim's left chest part of the victim's spack and the face around the spack and sprink, and continued to go back to two times.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

2. The injured Defendant committed an indecent act on the part of the victim at the above date, at the above time, and at the above place, committed an indecent act on the part of the victim, and attempted to escape from the above studs stairs, and the victim followed the defendant and tried to stop the defendant's arms and the defendant's escape, thereby falling off the victim's chest part of the victim's chest at one time, thereby falling off from the victim's chest with the stairs under the stairs, thereby leading the victim to a string of a chest chill that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. A written statement of the F;

1. The victim's photographic data, photographic data, and the victim's scene photographic data, and the victim's diagnosis report;

1. The CCTV photographs at the time of face-to-face and tracking of the suspect, the CCTV reverse tracking data, the card sales slips, and CCTV cutting photographs, etc.