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(영문) 서울동부지방법원 2018.01.12 2017고합324
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)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

Punishment of the crime

1. On June 4, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force against intrusion upon residence) entered the 421st head room through a door that was not locked to satisfy the sexual desire while cutting female students out, and then committed an indecent act against the victim by taking advantage of the victim’s condition of resistance after breaking the victim to the victim F (the 18 years old), who is locked out in the spam, and breaking the victim’s stiff (the 18 years old), riffling the victim’s thife with the victim’s stiffet, and rout the structure under the control of another person, and routing the victim into the structure under the control of another person.

2. On June 6, 2017, the Defendant affected a structure by entering the 421st room and into the 421st room and into the structure managed by another person, through a door that was not locked to cut down female students, at around 05:50, around 190, at the place specified in paragraph 1, and through a door that was not locked to cut down.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of internal investigation reports (verification of CCTV images), photographs, CCTV video CD-related Acts and subordinate statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1), Article 299 of the Criminal Act (a) and Article 319(1) of the Criminal Act on criminal facts, and Article 319(1) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a point of indecent act by force upon residence and a choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of each offense prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts by compulsion of

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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