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(영문) 서울남부지방법원 2017.03.30 2016고합568
성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등
Text

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:50 on June 1, 2016, the Defendant infringed upon the Defendant’s residence by entering the joint entrance of the multi-family house in which the victim is living, thereby impairing the Defendant’s face with the window of the victim, in order to steals the victim who was a cleaning agent at the bathing room.

2. Around August 28, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a thiefful indecent act committed by force) committed an indecent act against the victim G (n, 21 years of age, 21 years of age) located in Yangcheon-gu Seoul Metropolitan Government on the house of 01:30 through 03:00, and the Defendant opened a locked window and entered the house as a means of the house and followed the victim’s bank and the wall in his/her place of residence, and went back to the victim’s bank and the wall in his/her place of residence. However, there were no money and valuables to be stolen, and thus, the Defendant committed an indecent act against the victim who was locked at the same place, and committed an indecent act against the victim’s chest and the

As a result, the Defendant committed a crime of larceny at night, and committed an indecent act on the victim by using the victim’s locked state.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G (tentative name) and E (tentative name);

1. Application of Acts and subordinate statutes to the investigation report (verification of the suspect's personal information), investigation report (verification of his/her fingerprints in cases of forced indecent conduct), fingerprint confirmation, and copies of CCTV photographs adjacent to the place of occurrence;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 342, 330, and 299 of the Criminal Act concerning the crime (the point of coercion by force after attempted larceny at night, and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment within the extent aggregated with the long-term punishment for the above two crimes];

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

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