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(영문) 인천지방법원 2020.12.17 2020고합448
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2020, at around 03:51, the Defendant discovered the victim C (at around 25 years of age, hereinafter referred to as "victim") on the frontway in the Namdong-gu Incheon Metropolitan City, followed the victim on the apartment Ddong elevator located in Incheon Nam-gu, and followed the victim on the 25th floor.

On the same day, at around 04:08, the defendant asked the victim to "I saw at any house" and asked the victim to "I saw at any house," and tried to fasten the victim's body by hand, and the victim gets the back buck by the victim, and try to enter the victim's face while the victim gets the arms of the victim who is expected to get on the wall, and the victim tried to get the back of the victim by hand, and the victim gets out of the victim's back by hand, and then the victim gets out of the victim's back by hand, and write down the buckbucks after the victim's buck.

Accordingly, the defendant invadedd the victim on the entrance, the elevator and the corridor of the 25th floor of the above apartment building, which is a building managed by the victim and the occupants, and led the victim to indecent act by force.

Summary of Evidence

1. The Defendant’s legal statement C, F, and G’s written statement statement of each police officer’s statement, investigation report (field status), 7 copies of the 112 Report Processing Table, victim moving lines, field forest, victim and witness Kakakakao Stockholm dialogue, telephone conversations between the victim and the witness, investigation report (comprehensive investigation into H CCTV), cutting down the CCTV on apartment, cutting down the CCTV following the apartment, cutting down the CCTV on the apartment, cutting down the CCTV following the apartment, cutting down the apartment CCTV, and applying the investigation report (CCTV image analysis)-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 202); Articles 319 (1) and 298 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of a small amount;

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