beta
(영문) 서울중앙지방법원 2016.01.15 2015고합969

성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등

Text

1. The punishment of the accused shall be determined by two years and six months;

2. Sexual assault against the defendant for forty hours.

Reasons

Punishment of the crime

On November 10, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution on November 18, 2015 to the attempted larceny at night at the Seoul Central District Court, and the judgment became final and conclusive on November 18, 2015.

1. On February 5, 2015, the Defendant: (a) around 03:20 on February 5, 2015, the Defendant attempted to larceny at night and night residence intrusion; (b) opened an entrance to the house of the victim D (E in the indictment, but the number of times and number is not specified in the indictment) located in Dongjak-gu Seoul Metropolitan Government C and 401 (round February 5, 2015, the indictment does not specify; and (c) opened an entrance and intruded into the house, which was not locked by the victim’s house (as recognized by evidence, the name of the victim is specified); and (d) 50,000 won in cash located in the wall owned by the victim using the cre in which the victim is self-owned.

In addition, from May 4, 2015 to May 4, 2015, the property was stolen by intrusioning another person’s residence at night over three times, as shown in the list of crimes committed in the attached Table, and was attempted to steals property by intrusioning another person’s residence at night six times.

2. On May 23, 2015, the Defendant: (a) opened a entrance that was not set up in front of the house of the victim G (the victim No. 20 years of age, and No. 8 years of age in attached crimes) located in the Dongjak-gu Seoul Metropolitan Government F and 000 on May 23, 2015; and (b) opened a entrance that was not set up in front of the house of the victim G (the victim No. 20 years of age, and the victim No. 8 years of age in attached crimes) and shut down 30,00

Then, the victim's panty was placed in her panty of the victim in a situation where she is unable to resist because she was diving, and his her her her her her her her her her m

Accordingly, the defendant invadeds another's residence at night, steals property, and commits an indecent act by using the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to the victim G or D;

1. Each statement prepared by the victim G, D, H, I, J, K, L, M, and N;

1.A report, on-site map and photograph;