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(영문) 수원지방법원 성남지원 2015.04.09 2014고합274
성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[criminal power] On March 28, 1990, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for larceny at the Seoul Central District Court on March 6, 1992, sentenced to 6 months of imprisonment with prison labor at the Seoul High Court on March 6, 1992, sentenced to 3 years of imprisonment with prison labor at the Seoul High Court on March 22, 2000 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On July 22, 2010, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor at night from the Suwon District Court's Ansan Branch Branch on December 11, 201.

【Criminal Facts】

1. On August 25, 2014, at night, the Defendant: (a) opened a closed door at the victim D located in Gwangju City on August 25, 2014; (b) opened a closed door at the victim D located in Gwangju City; and (c) held one bank in an amount of KRW 50,000,000 in the market price of the victim’s ownership on the inner cremation site; and (d) held one wall and one cash worth of KRW 200,000 in a total amount of KRW 4,324,000 in the market price from the above date to October 4, 2014, the Defendant attempted to steals or attempted to steals property of KRW 10,00 in total from the above date and time to October 4, 2014.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. At the time and place indicated in the above list of crimes No. 7, as above, the Defendant: (a) had no money or valuables that would be stolen while enging the victim E (e.g., 57 years old) in order to steals the property; and (b) had the locked victim’s bridge in his/her hand.

Accordingly, the defendant attempted to steals property by intrusion upon the victim's residence at night, and the defendant committed indecent act by compulsion by taking advantage of the victim's failure to resist.

B. The Defendant stated in the indictment No. 8 of the above list of crimes in the bill of indictment, but it is obvious that it is a clerical error.

At the time and place mentioned above, the victim F (n, 36 years of age)'s property was stolen.

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