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(영문) 제주지방법원 2016.12.22 2016고합113
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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

1. On August 2, 2016, at around 02:08, the Defendant entered the house of the victim D (titled person) located in Jeju-si, Jeju-si, and entered the house through the gate, and then opened a kitchen which has not been corrected in the aspects of the building and setting the inside of the house into the house by hand, etc.

Accordingly, the defendant invadedd the victim's residence.

2. On August 3, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force) entered the victim’s house through the kitchen, which was not corrected in the same manner as in paragraph (1) at the same place as in paragraph (1) and observed the victim and the husband of the victim, who was divingd from the place, by hand, with his/her head, and she dumped and dumped the victim’s chests by the victim’s head, who sits at the victim’s head and takes part in the civilian retail bar.

As a result, the defendant invadedd the victim's residence, and committed indecent acts using the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Reports on internal investigation (related to the identification of the suspected suspect), internal investigation reports (related to the conduct of the suspected suspect on August 2, 2016), internal investigation reports (related to the conduct of the suspected suspect on August 3, 2016), internal investigation reports (verification of Jeju brand satellite data), investigation reports (Attachment of photographs, such as suspect tyrts, handouts, etc.), investigation reports (Attachment of field photographs), and accompanying materials;

1. On-site reports (CCTV-related), investigation reports (Re-verification of the content ofCCTV);

1. Application of Acts and subordinate statutes to field photographs (22 pages of investigation records);

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act on the selection of a sentence (the points 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 319 (1) and 299 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crimes concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the crimes concerning quasi-indecent acts by compulsion;

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