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(영문) 수원지방법원 평택지원 2018.09.07 2018고단1303
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal record] On June 11, 2015, the Defendant was sentenced to one year and six months of imprisonment for rape at the Seoul High Court, and completed the execution of the said sentence at the Ansan Prison on March 29, 2016.

[Criminal facts]

1. At night, on June 11, 2018, the Defendant: (a) went into the house of the victim D located in Pyeongtaek-si C on June 11, 2018; (b) opened an unrectable gate and intruded up to the inside of the party; and (c) cut off a tobacco amounting to KRW 4,500, the market price of the victim E, who is the fraud of the above D, owned by the victim E, who is the victim E.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), discovered that the victimized person was panty only when panty panty panty panty panty panty pande and reported the television in order to find stolen property at the same time and place as stated in paragraph (1), and taken photographs against his will that may cause sexual humiliation, such as the victim’s panty, by using the cell phone camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of the owner of a stolen product);

1. Previous convictions in judgment: The application of Acts and subordinate statutes of report on investigation (Attachment of the current status of suspects);

1. Relevant legal provisions of the Criminal Act and Article 330 of the Criminal Act (the point of larceny at night) concerning the crime, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as cameras, and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The registration of personal information of Art. 48(1)1 of the Criminal Act, as well as the confiscation.

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