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(영문) 서울서부지방법원 2020.06.25 2020고합51

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

Text

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

A. without any special reason, the victim was able to walk the left side of the victim G (the age of 66) and walk the victim's face by drinking it, resulting in an injury to the victim, such as an unexploded side of the treatment days, by going beyond the floor.

2. Intrusion upon residence;

A. On March 4, 2020, the Defendant: (a) from around 01:35 to around 02:48 of the same day, on March 4, 2020, 200, she laid the hands in the window that is under the influence of alcohol, and laid the hands in the window in Yongsan-gu Seoul, Yongsan-gu, Seoul, where the victim H (the age of 24) who is a foreigner of Russia nationality is residing; (b) the 3rd floor “C” notification board*** the victim under the influence of alcohol; and (c) the victim intruded the victim’s residence, such as: (a) putting the racker reading room; (b) preventing the victim from opening his door; and (c) putting his hand into the door.

B. Around March 4, 2020, the Defendant was arrested as a flagrant offender from around 12:21 to 12:25 of the same day on March 4, 2020, and was released as a flagrant offender for the above crime, and thereafter, the Defendant invaded upon the victim’s residence by inserting the victim’s “to drink” by finding the victim back to the above ** the above public announcement board where the victim resides in the room, but the Defendant attempted to make a corrected visit by saying, “to drink drink,” but he did not open the door, but did not have any visit.

3. On March 4, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by force) opened a visit to which the said victim resides in the above victim* The above victim’s entrance * the above victim’s entrance * the above victim’s entrance *, requesting the victim to leave her entrance her entrance, and committing an indecent act by force by using the victim’s her own arms once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement made to H by the police officer;

1. The police statement concerning G;

1. Each written statement of H and I;

1. Domestic history report - The oral statement of field satisfe;