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(영문) 인천지방법원 부천지원 2016.07.20 2016고합110
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

In order to steals the victim's clothes or bathing appearance from the victim's clothes after seeing the victim D (name, 8, 51 years of age) at Dong and Ne, the defendant identified the victim's house in advance according to the victim's body.

1. A thief: (a) on May 28, 2016, the Defendant opened a gate, which was not corrected at the time of the residence of the victim of the lower-rises located in Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, and stolen the keys of the entrance entrance door owned by the victim, which was located in the window slife.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion on residence) opened a gate at the same time and at the same place as the foregoing, using the entrance door of the entrance entrance that was stolen, and intruded into the victim’s inside and outside, and only 3 to 4 parts of the victim’s locked.

As a result, the defendant invadedd the victim's residence, thereby committing an indecent act on the part of the victim by using the victim's mental and physical loss or resistance impossible condition.

3. On May 29, 2016, the Defendant infringed upon the victim’s residence by entering the front of the window through a gate which was not corrected to peep the room at the time of the victim’s residence at around 06:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Protocols of seizure, list of seized articles, and photograph of seized articles;

1. Application of statutes, such as photographs of victims;

1. Relevant legal provisions concerning the crime, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 319(1) and Article 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the intention of Section 329), Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment)

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment shall be determined.

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