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수원지방법원 안양지원 2014.05.16 2014고합7
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around December 31, 2013, the Defendant, at the Gunpo-si’s house located adjacent to the Defendant’s house located in the Gunpo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si (hereinafter “Dopo-si”), Dopo-si, Dopo

The Defendant shown the victim's pet dog that opened the entrance door, and read, "I have come to the house," and went outside the entrance door, and went against the victim's will, and intruded on the victim's residence.

2. The defendant's act of assaulting and threatening the victim to commit indecent acts is not acknowledged as stated in the verdict of innocence under the Act on the Protection of Children and Juveniles against Sexual Abuse.

However, the fact that there was a physical contact by the Defendant’s possession of the victim, etc. is recognized, and the part concerning indecent act by force among the facts charged in the instant case includes an indecent act by force. As such, even if the Defendant found the Defendant guilty of indecent act by force without modification of an indictment, it cannot be said that there is any disadvantage to the Defendant’s exercise of his defense right

(see, e.g., Supreme Court Decision 2013Do12803, Dec. 12, 2013). Therefore, in applying Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, it is reasonable to determine that a defendant guilty of committing an indecent act against a victim by force is guilty.

The defendant enters the residence of the victim living alone without his guardian in the above way, and then commits an act such as marching the noise by scambling the victim with the view to scambling, etc. on the ground that scam is scambling before the victim's residence without his guardian, and the defendant is forced against the victim who scambling the defendant, even though scambling, and disregards the demand through several times of the victim called scambling.

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