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(영문) 수원지방법원 성남지원 2019.07.16 2019고단538
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 04:15 on May 16, 2018, the Defendant: (a) opened and intruded a door using a cresh in which the victim Category D was living in the victim B (name, south, and age 19) using the cresh in Sungnam-si, Sungnam-si, Seoul, where the victim B (name, south, and age 19) was living.

2. The Defendant committed an indecent act by compulsion by compulsion by compulsion on the part of the victim at the time, time, and place mentioned in the above paragraph (1) by drinking the victim’s resistance to commit an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of CCTV CD-1 statute;

1. Relevant Article 319(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion on the grounds of the main text of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the community service order and the lecture attendance order is alleged to have been divided into the date and time, place, and conversation with the victim as stated in the judgment of the defendant under paragraph (2) of the same Article. However, according to each of the above evidence duly adopted and investigated by the court, it is acknowledged that the defendant committed an indecent act by force by force by making the victim's resistance only as stated in

The above assertion is not accepted.

If a conviction on a crime under paragraph (2) of the judgment on a sex crime subject to registration becomes final and conclusive, the defendant is a person subject to registration of personal information in the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

On the other hand, the punishment of crimes No. 2 and the rest of crimes, which cause the registration of personal information, shall be comprehensively taken into account the nature of crimes and severity of crimes.

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