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(영문) 수원지방법원 2020.06.25 2020고합83
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:05 on November 23, 2019, the Defendant entered a 3rd floor of the “C” branch of the building located on the 3th floor of the wife population B, and discovered that the victim D (one person, 36 years of age) was locked, while the Defendant was able to commit an indecent act by entering the 3rd floor of the building located on the 3rd floor of the wife population B, and it was confirmed that there is any person in other rooms, and he was able to commit an indecent act by entering the 1st place of the building in the 1st place of the body and return to the inside of the above 1st place of business and opened another visit.

Accordingly, the Defendant returned to the above 1st page and intruded into the above 4th page on the same day at around 06:58, the Defendant got back to the said 1st page, and then set off the upper half of the victim, who was divingd by panty only, in his hand, and then laid down the upper half of the body of the victim, who was divingd by panty, in his hand. As above, the Defendant was able to ask the Defendant’s hand to the Defendant’s hand and sustained the victim’s sexual organ.

Accordingly, the defendant invaded into the room possessed by the victim, and committed indecent acts by using the victim's mental disorder or non-fashion condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Two video CDs in the victim's statement;

1. 112 reported case handling table;

1. Three CDs of field photographs and CCTV images of the suspect after committing the crime;

1. Report on internal investigation (Evidence Nos. 12) and application of the Acts and subordinate statutes to the CCTV image closure photographs attached thereto;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319(1) and 299 of the Criminal Act; the choice of limited imprisonment term

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify and an employment restriction order, and the protection of the former children and juveniles against sexual abuse;

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