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(영문) 광주지방법원 2017.10.13 2017고합257
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who served as a studio manager in Gwangju Mine-gu from January 2014 to September 2015.

At the time of working as a studio manager, the Defendant was aware of the password of the entrance door number of the victim D (at the age of 27) that had a sense for the victim D (at the time of working as the studio manager), with the view to forcing the victim to commit an indecent act by entering the victim's house.

On March 14, 2017, at around 03:30 on March 14, 2017, the Defendant opened a door by dividing the password, and entered into the room where the victim was a person, and then discovered the Defendant by shouldering in the locked, and drawn up the string to the string, and talked as if the victim was well aware of the victim, such as the victim’s altitude, etc., while opening the string of the string to the string, the Defendant putting the victim’s two descendants into the string, and then making the victim take the string to the string, and then the victim take the string to the string.”

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A copy of a report on the occurrence of a house, a report on internal investigation (influence against a victim and the analysis of CCTV at the scene), a report on internal investigation (influence and search of site CCTV), a criminal investigation report (influence of suspect), a report on investigation (influence of field CCTV and the attachment of CD), a record recording, a report on the preparation of a record, a record recording of a cell phone

1. Application of the Acts and subordinate statutes concerning CCTV images and sound recording CDs established at the scene;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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