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(영문) 전주지방법원 2013.10.07 2013고합128

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The defendant shall use the information and communications network for five years.

Reasons

Criminal facts

On January 15, 2009, the Defendant was sentenced to imprisonment for three years and six months for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and completed the execution of the sentence on May 12, 2012.

【Criminal Facts】

1. Around 03:00 on July 1, 2013, the Defendant: (a) committed an indecent act following the Defendant: (b) discovered the victim D (53 years of age) who was under the influence of alcohol and returned home while riding in the vicinity of the Yansan-gu Seoul Metropolitan City, and committed an indecent act following the Defendant.

The defendant confirmed that the victim entered the apartment dong room into the apartment, confirmed that the elevator was unloaded on the 3rd floor following the carbon, found that the victim was divingd through the corridor window opened in the house of the victim who was followed, and entered the house through the window, and led the victim's left side buckbucks.

Accordingly, the defendant invadedd the victim's residence, and committed an indecent act by using the victim's state of difficulty to resist.

2. On July 9, 2013, the Defendant found out a room where the entrance was not corrected to commit sexual assault in the Yansan-gu Seoul Metropolitan City, Jeonju-si, that the entrance was not corrected at the house of the victim E (Inn, 18 years old) located in the said subparagraph, and that the entrance was not corrected, and that the Defendant opened the entrance and opened the house, and carried out diving at the inside of the house, and exceeded the counter of the victim.

Accordingly, the defendant invadedd the victim's residence, and committed an indecent act by using the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. E statements;

1. Previous convictions indicated in the judgment: Criminal history records, personal identification and confinement status, investigation reports (report attached to the judgment);

1. The following circumstances, which are acknowledged by the above evidence, are the same as the recidivism of sexual crimes, and ① the defendant: