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(영문) 창원지방법원 2016.07.07 2016고합128
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

"2016 Gohap 128"

1. On January 4, 2016, the Defendant damaged the window crime prevention windows so that, in order to intrude into the studio where the victim F (n, 19 years of age) in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the victim F (n, female, 19 years of age) is knife in his/her hands, thereby impairing the utility of the window, thereby impairing the repair cost amounting to approximately KRW 200,000 of the repair cost.

2. The Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against intrusion upon residence) at the same time and at the same place as set forth in paragraph (1), by removing the window crime prevention windows as above, opening unrecepted windows after being removed, and by intrusioning into the room where the victim is self-employed, and by spreading them inside the victim’s breath to the victim’s breath, standing off the broding of the victim, and spreading the victim’s chest.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim in a state of impossibility to resist.

"2016 Gohap 142"

3. Around August 21, 2015, the Defendant suffered a price from the victim I (31 tax) (31) who observed the Defendant’s assaulting of H in the first floor of the building in Masan-si, Changwon-si on the first floor of the G Building in Masan-si on the following day: (a) on August 21, 2015; (b) on the part of the victim, he was satisfying a part of the victim’s face; (c) on the part of drinking, four satiss, which are dangerous objects in the string of the floor; (d) on the part of the victim, two satisfys were faced with the shoulder and arms of the victim; and (d) on the part of the victim’s head, satisfyd by b

In this respect, the defendant carried dangerous objects and carried them about two weeks of medical treatment for the victim.

Summary of Evidence

"2016 Gohap 128"

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A gene appraisal report;

1. Investigation report (Report on the confirmation of details of damage to property); 2016 Gohap 142;

1. Statement by the defendant in court;

1. Each statement made by the witness H and I in the second trial records in the order of 2015 Highest 2834 cases before consolidation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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