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(영문) 대구지방법원 서부지원 2018.05.31 2017고합105
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Gohap 105" Defendant was a person living in Daegu-gu 202 studio 202, and the victim C (at the time 26 years of age) was a person living in the same studio 206.

On March 15, 2017, at around 04:50, the Defendant: (a) intruded the gas pipeline attached to the above studio outer wall through the window of the living room in which the victim is living; (b) reported the victim who was able to find the victim who was able to studly in the studio of the living room in which the victim was living; and (c) considered that the victim was locked; and (d) on his hand, the victim was able to flue the head of the fluor; and (d) caused the victim to fluorly heatedly heatedly heated by the victim.

Accordingly, the defendant knew that the victim was locked and tried to commit an indecent act by using it, but he was attempted to commit an attempted act by using it, because the victim was dead.

"2018 Gohap 72" Defendant is a member of the local reserve forces belonging to the company of the Sungdong-dong Reserve Forces in Daegu-gu.

On March 27, 2017, the Defendant, even though he moved from the Seogu Seo-gu Incheon Metropolitan City D to the E apartment house, failed to file a move-in report without justifiable grounds, thereby making it impossible to reside in the resident registration.

Summary of Evidence

" 2017 Gohap 105"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report of investigation (specific suspect);

1. Each photograph "2018 Gohap 72;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a written accusation, reserve forces organized card, and resident registration card;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., Articles 319 (1), 299, and 298 of the Criminal Act, Article 298 of the Criminal Act (a person who has failed to commit an indecent act by force due to intrusion upon residence, choice of imprisonment), Articles 15 (2) and 6-2 of the Reserve Forces Act (a person who has failed to report his/her change of residence, and choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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