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(영문) 의정부지방법원 고양지원 2016.11.25 2016고합189
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[criminal power] On June 26, 2015, the Defendant was sentenced to the violation of the Military Service Act and imprisonment with prison labor for night building intrusion larceny in order to establish a district court, and completed the execution of the sentence in an Ansan prison on January 18, 2016.

【Criminal Facts】

On September 9, 2016, around 06:22, the Defendant intruded with the victim D (Inn, 34 years of age)’s officetels located in Goyang-dong Office C Officetel in Goyang-gu, Seoyang-gu. At the same time, the Defendant used the victim’s room to cover the flusium and use it on the part of the victim. At the same time, the victim covered the flusium in the upper part of the victim, and only flusium two times with the victim’s clothes, and the victim flussiumd his hand on the part of the victim’s clothes, and flusiumd one time by the same method.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each investigation report (at the same time, verification of CCTV images);

1. On-site photographs, caps (No. 29), CCTV video CDs;

1. Previous convictions in judgment: A inquiry report, report on the result of confirmation of the previous disposition, and application of Acts and subordinate statutes to the personal confinement status;

1. 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 298 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. According to CCTV images that photographs the front corridor of the Defendant and the victim’s house in accordance with Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical illness, the Defendant returned to the Republic of Korea at a distance of 04:47. The Defendant was living in 04:47. The Defendant was living in her house, and the victim was locked with her hallway since her hallway was not long after the Defendant committed an indecent act against himself/herself by the police. Upon arrival of the police, the police stated to the effect that “the Defendant sent her click to the Defendant as a female toilet.”

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