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(영문) 제주지방법원 2017.02.16 2016고합177
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

On September 29, 2016, the Defendant entered Jeju-do, and was accommodated in the D Posium located in Seopo-si C around September 15:30, 2016.

On September 30, 2016, around 02:02:02:02, the Defendant opened a entrance to the wrust room, such as the victim E (the victim E, the 25-year old age), etc. in the main room of the said room, which was not corrected by four women, to enter the said room, and look into the said room. At around 02:20, the Defendant re-enters the said room to use the victim's ship, clothes, bucks, and bucks, etc. that were being carried out by the said room in his/her hands, and the Defendant was able to use the victim's ship, chest, bucks, and bucks, etc. that were carried out by the said room in his/her hands. At around 02:37, the Defendant was able to use the victim's ship and bucks, bucks, bucks, and so on.

As a result, the defendant invaded the room, and forced the victim to commit an indecent act by using the victim's non-fluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Reports on internal investigation (fields, investigations of victims, etc.), internal investigation reports ( relative investigation of the suspect), and reports on internal investigation (related to cases A to the suspect and time of crimes);

1. Application of the Acts and subordinate statutes to the internal investigation report (Attachment of suspect's photograph), internal investigation report (Attachment of summary map, main map to the site), internal investigation report (Attachment of field photograph), internal investigation report (Attachment of dynamic image analysis photograph of theG submission), internal investigation report (as a result of the analysis of the CCTV image), internal investigation report (Attachment of suspect's house, slurf photograph), investigation report (Attachment of CCTV image image) and accompanying materials;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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