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(영문) 수원지방법원 평택지원 2017.08.11 2017고합55
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. Intrusion upon residence, theft;

A. On April 30, 2017, at around 06:00, the Defendant opened a gate that was not set up in the house of the victim D (n, 45 years of age) located in Pyeongtaek-si C, and intruded into the house, and stolen the victim’s property with cash amounting to KRW 2.80,000,000, the victim’s own possession, and the market price, and the victim’s property.

B. On April 30, 2017, at around 06:10, the Defendant opened a gate that was not set up at the said D’s house again, and intruded into the house, and used the victim E’s market price at which it was owned by the victim and stolen the victim’s property.

2. Around 06:50 on April 30, 2017, the Defendant: (a) opened a gate that was not unlocked until the house of the victim D as stated in paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) went into the house; (c) prevented the victim from being injured by his/her hand; and (d) threatened the victim with “defensing, brising, making it possible for him/her to do so”; (c) threatened the victim with his/her hand by inserting his/her hand into the victim’s panty panty line; and (d) committed an indecent act against the victim.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 298 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment), Article 319 of the Criminal Act (the occupation of intrusion upon residence, and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for the offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the largest punishment is imposed];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The punishment, etc. of sexual crimes committed against him/her;

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