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(영문) 창원지방법원 밀양지원 2019.09.20 2019고합10
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On January 18, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Changwon District Court Seoyang Branch Branch, and on September 22, 2018, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】 around 18:50 on April 9, 2019, the Defendant: (a) visited a restaurant operated by the Victim C (Inn, 41 years of age, 41; hereinafter referred to as “A”) in Syang-si; (b) visited his/her family members to drink alcohol; (c) opened a container entrance in the restaurant used for residential purpose; and intruded the victim’s family members; and (d) continued detection of the victim’s locked at that place; (b) led the victim to commit an indecent act; (c) opened the victim’s back to the victim’s side; and (d) opened the left hand into the victim’s inner part; and (d) opened the brode.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act by using the victim's mental condition.

"2019 Highly 15"

1. Around 22:00 on March 27, 2019, the Defendant: (a) driven a Gpoter truck without obtaining a driver’s license in a section of about 16 km from the front of the E-General Building Office located D to the front of the above E-General Building Office to the road in front of the above E-General Building Office.

2. A person who is engaged in driving of a GPoter cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On March 27, 2019, the Defendant driven the above vehicle on March 22, 2019, and continued the intersection of the private distance in front of the I Burial located at the J Burial to the view of smuggling from the J Burial.

There is a duty of care to refrain from overtaking a person engaged in driving service because it is a remote crossing and a prohibition area of overtaking a person.

Nevertheless, the defendant neglected to do so and overtake the bus bus driven by the victim K (33 years old) prior to the same direction.

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