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(영문) 서울북부지방법원 2017.02.03 2016고합393

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 16, 2016, the Defendant, as a taxi driver, was in front of the “D” club located in Gangnam-gu Seoul, Gangnam-gu Seoul on January 16, 2016, followed the victim E (a person, a woman, 28 years old), who is a club customer, to the Seoul Seocho-gu Ftel, a residence of the victim.

The defendant did not believe the victim's speech that he would leave the taxi with no money in his house and pay the taxi expenses, and did not directly go to the victim's residence.

On the same day 08:10 on the same day, the injured person did not release the security card due to the lack of the security card, and sent a warning to the wind that enables him/her to take a password of the entrance of his/her residence and enter the entrance.

On the same day, the defendant knew that three compact employees who were dispatched to the scene by warning signal while receiving taxi costs from the victim, act well with the victim, and re-enter the victim's house in consideration of the victim's absence of a security card, the three compact employees return to the situation where the security is cancelled, and even around 08:20 on the same day, the defendant got the victim's residence.

1. On January 16, 2016, the Defendant indicted the victim’s residence at the 5 △△△△△△△△△△△△△△ on the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion of intrusion upon residence), that “The Defendant was indicted that “The Defendant was aware of the victim’s personal entrance and exit of the entrance and exit of the entrance and exit of the residence.”

In this regard, the defendant, after receiving the taxi expenses, came to know the victim's name, cell phone number, and the entrance password by informing the victim of the victim's name, cell phone number, and the entrance password.

In this regard, ① bags that the defendant was entered with the cell phone numbers and the entrance numbers of the victim (the sender is printed by the Seocho-gu Social Welfare Department, and the victim also.