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Reasons
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(영문) 의정부지방법원 2015.10.08 2015고합235
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 1, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc. of Sexual Crimes) opened the window of the victim E (hereinafter “D”) connected to the “D” restaurant located in Gyeonggi-gun C, Gyeonggi-gu, with a view to detecting the victim’s sound, and discovered that the victim was diving at the same time, and entered the victim’s house through the window in the manner of photographing the victim’s sound, and intrudes the victim’s house, and intrudes the victim’s house with a view to photographing the sound part inside the panty of the victim who was diving at the bed, while the victim walked, the victim did not commit an attempted crime by playing away from the wind that followed the victim’s body.

2. On July 9, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force) entered the victim’s room again in the same manner as stated in paragraph (1) on July 9, 2015, and in the same manner as stated in paragraph (1), and the victim’s pande and pande were pande and pande.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist due to the victim's intrusion on his residence.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Kameras"), at the time and place set forth in paragraph (2), revealed the sound of the victim through the victim's panty panty, and taken a dynamic image of the victim by using a cell phone.

Accordingly, the Defendant taken videos against his will that caused sexual humiliation or sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Written response to fingerprint identification data;

1. Restoration of Handphones;

1. Cinematographic file CDs;

1. Application of the current Act and subordinate statutes to one unit (No. 1) of the seized Samsung Port;

1. Relevant Article of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of criminal facts;

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