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(영문) 대구지방법원 김천지원 2020.02.04 2019고합94
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 6, 2019, the Defendant, at the main point of "C" in the Gumi-si B and the second floor of "C" on October 6, 2019, deemed that the victim D (one, the other, the other, the other, the other, and the other, the other, the other, the other, the other, the other, the other, the other and the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other, the other

Accordingly, the defendant entered a female toilet according to the victim, and when the victim reported the urinals within the common partitions, the defendant was in front of the above common partitions.

In addition, as between the moment the victim intends to open and set up a corrected reading center in order to move out of the lusium, the defendant's hand prevents the victim from suffering, and entered the victim into the lusium.

The Defendant continued to set up a back the victim and look at the wall, and attempted to commit an indecent act by suppressing the victim by cutting his arms on the part of the victim's seat and preventing the victim from suffering with his own arms. However, the victim attempted to commit an indecent act by cutting the victim's arms on the part of the victim's seat, cutting the victim's body, leaving the victim's body, and attempting to flee out of the light.

As a result, the defendant attempted to commit an indecent act against the victim by intrusion on female toilets, but did not bring about such intent and did not commit an attempted act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Statement to E by the police;

1. A report on damage to D;

1. Each investigation report (CCTV analysis, victim D telephone conversations, victim's statement hearing about the situation at the time of damage, witness F telephone conversations, and hearing victim's additional telephone statement);

1. Each photograph (Nos. 4, 10, 21, and 23 in the list of evidence);

1. “C” CCTV video CD (Evidence No. 11)

1. Application of the Act and subordinate statutes on the internal ground plan (No. 27 No. 1 of the evidence list) of “C”

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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