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(영문) 수원지방법원 안산지원 2019.05.10 2019고합49 (1)
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Criminal Justice] On January 19, 2016, the Defendant was sentenced to ten months of imprisonment for a crime of intrusion upon residence at the Suwon District Court on January 19, 201, and on July 18, 2016, the Defendant completed the execution of the sentence.

【Criminal Facts】

On September 24, 2018, the Defendant collected water from a building B at Silung-si, 01:25 on September 24, 2018, the Defendant: (a) opened a studio door, which is a residence of the victim C (a person, fluor, 32 years of age) and entered an open door, which is not corrected under the foregoing building D; (b) went into the open door, which is a residence of the victim C (a person, fluor, and 32 years of age) and went into the open door; and (c) took the part of the victim, who

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

[This case was prosecuted by violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force). However, in full view of the relevant evidence, the defendant can only recognize the fact that the defendant committed an indecent act by using the victim’s “use of a state of resistance impossibility” rather than by force “the use of violence or intimidation.” However, the defendant has denied the indecent act from an investigative agency to this court, and the charge of quasi-indecent act is recognized as identical to the charge of indecent act, and the charge of quasi-indecent act is sufficiently examined since it is included in the criminal charge of which the prosecution of this case was instituted. Thus, even if the defendant is punished by indecent act by violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force without modification of an indictment, it cannot be deemed that there is a concern that the defendant may actually

1. Partial statement of the defendant;

1. Partial statement of the witness C in the court;

1. A internal investigation report (a CCTV image verification that meets the victim's residence), CCTV video CDs;

1. Photographs inside the residential area;

1. Before judgment:

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