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(영문) 서울중앙지방법원 2018.12.14 2018고합907
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed and notified for a period of five years.

(b) the defendant;

Reasons

Criminal facts

On April 22, 2016, the Defendant and the requester for an order to observe an order to observe the protection (hereinafter referred to as “Defendant”) were sentenced to imprisonment for and on December 8, 2017 by the Seoul Northern District Court for rape, and the enforcement of the sentence was terminated on December 8, 2017.

[Criminal facts]

1. On July 26, 2018, at around 05:43, the Defendant: (a) was under the influence of a victim B (a person, a person, age 39) under the influence of alcohol in a river station located in Gangnam-gu Seoul Metropolitan Government, and (b) was under the influence of a subway station 4; and (c) had the victim followed the victim to commit an indecent act; (d) on the same day, the Defendant was following the victim's back from the Donggate Station located in Jongno-gu Seoul Metropolitan Government on the same day at around 06:14, followed the victim's back from the Donggate Station located in Jongno-gu Seoul Metropolitan Government on the same day; and (e) had the victim's entry into the said house before the house of the victim located in the same Gu C on the same day on the same day; and (e) opened the entrance door that did not correct the victim's entry into the said house until the inside bank; and (e) a person under the influence of alcohol, who was under the influence of alcohol

Accordingly, the defendant invadedd the victim's residence.

2. 주거 침입 준강제 추행 피고인은 전항 기재 일시 직후인 2018. 7. 26. 06:35 경 다시 위 피해자의 집 안방까지 들어가 술에 취해 잠들어 있는 피해자의 양쪽 가슴을 양손으로 주무르고 다시 피해자의 브래지어를 내린 다음 입으로 피해자의 양쪽 젖꼭지를 빨았다.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act by using the victim's mental and physical loss.

[Fact of the ground for ordering observation of protection] The Defendant committed a sexual crime against a female who is under the influence of alcohol, and was sentenced to one year and six months of imprisonment for the crime of rape, which was committed on April 22, 2016, and discharged on December 8, 2017, and committed a sexual crime of this case against a female who was under the influence of alcohol and was similar to eight months of discharge after the execution of the sentence was completed, and the Defendant committed a sexual crime of this case. In full view of the Defendant’s tendency, environment, and criminal law, the Defendant is likely to recommit a sexual crime.

Summary of Evidence

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