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(영문) 수원지방법원 성남지원 2018.06.28 2018고합21
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

The defendant is a worker working in Gwangju City Ba, and the victim C (the family name, the female, the age of 19) is a person who is accommodated with the male-child job offering E around August 7, 2017 in the above elD around 00:49.

around 01:30 on August 7, 2017, the Defendant opened the entrance door of Turkey and intruded into the guest room occupied by the victim, which was previously possessed between E going out of the telecom and the victim’s married room D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A criminal investigation report (CCTV video CDs);

1. Application of on-site photographs and CCTV video CD-related Acts and subordinate statutes;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant, as an employee of a telecom, intrudes into the guest room where the victim is mixed, and the nature of the crime is not good in light of the status of the defendant, the circumstances of the crime, etc.

The portion not guilty that the family members and the branch members of the defendant are under the guidance of the defendant, on the other hand, that the defendant was the first offender and is against the crime - The family members and the branch members of the defendant are under the guidance of the defendant.

1. On August 7, 2017, the Defendant, as indicated in the facts constituting the crime in the judgment below, intruded into the guest room of the victim C, and exceeded all the Hashed, and Hashed from the victim’s side, who was divingd above the Hashed on the Hashed, and Habbbbs and Hashed the victim’s Habbbbs and Hashed the Hashed by hand.

Accordingly, the defendant invadeds on the room possessed by the injured person and commits an indecent act against the injured person by using the victim's resistanceable condition.

2. The defendant's assertion.

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