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(영문) 서울동부지방법원 2020.02.07 2019고합319
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2019, the defendant, around 00:12, around 00:0, 2019, tried to report the victim C (n, 20 years of age) in Seoul Special Metropolitan City, on the road near the residence of the victim C (n, 20 years of age), and the bus to commit an indecent act.

On September 11, 2019, at around 00:14, the Defendant: (a) divided the password of the victim into the victim’s residence; (b) intruded the victim’s personal information after being pushed into the victim’s personal information; and (c) divided the victim’s body into the victim’s left arms, cut the victim’s body, cut the victim’s body into the bottom; and (d) opened the victim’s body to the bottom; and (e) prevented the victim from breaking the victim’s personal information with his own left hand.

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

Summary of Evidence

1. Statement to C by the police;

1. C’s statement;

1. One CD copy of the On-SiteCCTV, two CCTV CDs following the Defendant’s mobile route, and the crime;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site internal investigation, etc.), investigation report (related to attachment of photographs to the victim's upper body), investigation report (related to CCTV investigation of a suspect's moving route prior to committing a crime), investigation report (related to investigation of a suspect moving route (2), investigation report (related to a DNA card answer), investigation report (related to telephone communication of a suspect's taxi engineer), investigation report (related to telephone communication of a suspect's taxi), investigation report (related to a card answer), investigation report (related to a suspect), and investigation report (related to the possession of

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) and 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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