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(영문) 수원지방법원 안산지원 2017.09.27 2017고합207
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

Punishment of the crime

1. At night, at around 02:30 on June 27, 2017, the Defendant and the claimant for the order to observe the victim’s housing intrusion (hereinafter “Defendant”) installed a studio door and opened a studio door on the wall, and opened a studio door on the part of the victim E (the age of 21)’s residence, and intrudes into the method of the victim’s self-defense, and cut off the 600,000 won of the market price on the part of the victim’s 60,000 won.

2. On June 27, 2017, the Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) committed an indecent act against the victim by attempting to re-in the said victim’s residence and committing an indecent act by committing an indecent act against the victim by re-infusing the victim’s chest with the method as stated in paragraph (1) in the same manner as that of the victim’s own, and by sparing the victim’s chest by sparing the victim’s chest by s

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental and physical loss or arbitrative condition after the victim invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. A criminal investigation report (including reports and photographs related to postponement of the relevant investigation twice in the suspect interrogation protocol and accompanying documents);

1. Application of Acts and subordinate statutes to photographic records (dial data of CCTV around the place of crime);

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act on the selection of punishment (the occupation of larceny at night), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion upon residence, and the choice of imprisonment with prison labor for abandonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (indecent act by compulsion of intrusion upon residence)];

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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