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(영문) 수원지방법원 2017.02.14 2016고합764
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)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

Criminal facts

On July 30, 2016, the Defendant: (a) around 21:00 on July 30, 2016, at Elstsium operated by D, a business-friendly relationship with the Defendant, D’s business-friendly relationship; (b) F, a father, and D’s children’s female job-friendly victim G (the age of 27) who first met with D and D’s children, was able to drink together with D and D’s figures.

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion upon residence) discovered that the victim was locked by drinking together with F while under the influence of alcohol by visiting the victim at around 02:00 on July 31, 2016, the Defendant committed an indecent act by inserting his/her hand inside the body of the victimized person by taking advantage of the victim’s non-fluence condition and putting him/her in the body of the victimized person into the inner part of the body of the victimized person, and by taking advantage of the victim’s non-fluence, the Defendant committed an indecent act by drinking the victim’s chest.

2. The Defendant committed an indecent act against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the time and place indicated in paragraph (1), committed an indecent act against the victim at the same time and place, and committed an indecent act by forcing the victim by forcing him/her to use his/her hand inside the clothes of the victim who was under the influence of alcohol, by putting him/her in front of the victim's fright, who was under the influence of alcohol, and by putting him/her in the panty in his/her panty, after committing an indecent act again in the above room at around 02:20 on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to G (tentative name) and F;

1. Each police statement made with respect to G (tentative name) and F;

1. Police investigation report (or relative investigation of a complainant);

1. Application of the H message sent by the injured to the male-child room at the time, and the H message statute that the accused committed a crime against the injured male-child room after committing the crime;

1. Relevant legal provisions and special cases concerning the punishment, etc. of sexual crimes subject to the choice of punishment against criminal facts;

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