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(영문) 창원지방법원 통영지원 2016.08.26 2016고합33
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 a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal history] The Defendant and the person requesting an attachment order (hereinafter “Defendant”) are under the suspension of execution, which became final and conclusive on July 15, 2015, for the following reasons: (a) on July 7, 2015, the Seoul High Court was sentenced to a suspended sentence of three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence).

[2] On April 25, 2016, the Defendant was present at the meeting place at the meeting place, including the following: (a) the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, the head of Si/Gun/Gu, and the head of Si/Gun/Gu, and the head of Si/Gun/Gu, and the head of Si/Gun/Gu, and the head of Si/Gun.

The defendant has completed a series of forms;

At around 03:20 on April 26, 2016, all people were able to commit an indecent act by force against all women who were locked by entering the room of female list, and around 03:20 on April 26, 2016, they opened a door that was not corrected by the above room of female list room 2, and intruded into the door, and made the above victim F, who was locked at that place, made the victim's return to the room, made the victim's return to the room, and made the victim's return to the room, and made the victim's trade part of the above victim G, who was locked by committing the act of self-defense.

Accordingly, the defendant invadedd the residence and committed an indecent act by using the state of the victims' resistance impossibility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and H;

1. 112 Reporting case handling table;

1. Chapter 22 of a photograph of the CCTV video screen and each investigation report (the analysis of CCTV video images and the closure photographs, and the attachment of CCTV CDs);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof; Articles 319 (1) and 299 of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code for the aggravation of concurrent crimes.

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