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(영문) 청주지방법원 영동지원 2017.12.20 2017고합15

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2017, while under the influence of alcohol around 21:05, the Defendant returned to the house of the victim F (n, 40 years of age) located in Chungcheongnam-dong E (n, n, 8 years of age) and infringed on the victim’s residence by opening the entrance and exit of the victim for the purpose of identifying the existence of the victim and committing an indecent act.

피고인은 피해 자가 방안에서 TV를 켠 채 잠을 자려고 누워 있는 것을 보고 방문을 3회 가량 살짝 열고 닫고를 반복하며 문 틈새로 방안을 엿보다가 피해자가 혼자 있는 것을 확인하였고 이를 이상하게 생각한 피해 자가 문을 살짝 열자, 피고인은 갑자기 방문을 확 잡아당기고 들어가 양손으로 피해자의 어깨를 감싸며 강하게 끌어안았고, 이에 놀란 피해자가 밀쳐 내 었음에도 이를 3회 반복하였으며, 피해자가 큰소리로 고함을 지르며 집 밖으로 도망가게 되었다.

The Defendant, along with approximately 100 meters of the victim's hand, has taken the victim's et al. by putting the victim's et al. on his/her knife with his/her knife with his/her knife with his/her knife with his/her knife and knife his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A protocol of seizure, a list of seizure and a general list of seized articles;

1. Report on internal investigation (Evidence No. 17) and each investigation report (Evidence List No. 21,22);

1. Application of the statutes of the response request for appraisal;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes, and the Criminal Act.