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Reasons
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(영문) 서울중앙지방법원 2014.12.12 2014고합1075
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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A defendant shall be punished by imprisonment for three years.

disclosure and notification of information on the accused for three years.

(b).

Reasons

Punishment of the crime

1. Around August 5, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) opened an open door at the home of the victim F of the victim of the △△△△△△△ in Gangnam-gu Seoul, Gangnam-gu, and intruded into the house, and reported the victim who was in his/her own clothes with his/her inner clothes and was in his/her inner clothes to self-defense the Defendant’s sexual organ, and committed an indecent act by taking advantage of the victim’s condition that the victim was unable to resist by taking advantage of the victim’s physical condition, such as taking the victim’s sexual organ back and repeating the actions of the return movement such as sexual intercourse.

2. The Defendant, at the same place as in the preceding paragraph, thief was put in plastic plastic bags by gathering a swine wirs containing a total of 10 million to 20 million won in cash, which had been placed on the cremation at the same time as in the preceding paragraph, and opened a victim’s wall in the same place, and then put 12,000 won within the said scope into the wirs, and committed an indecent act as above.

When the victim was discovered, it was stolen by using the instant plastic plastic bags as a fluor, thereby cutting it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each written appraisal;

1. Application of the investigation report (verification of CCTV around the site) and the Acts and subordinate statutes on the CCTV closure screen;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1), 299, 298 of the Criminal Act, and Article 329 of the Criminal Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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