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(영문) 인천지방법원 2018.04.13 2017고합518
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

1. On March 19, 2017, the Defendant invadedd the room: (a) around 08:44, the victim E in Seopopoposi: (b) opened the 202 door door where the victim did not have the victim any crepit into the said telecom; and (c) went back the corridor into the said telecom; and (d) intruded into the room managed by the victim.

2. Around 08:50 on March 19, 2017, the Defendant opened a entrance that was not set up in front of the above 602 heading room (the 22 years old), and entered the victim G (the 22 years old), the victim’s male-child Hah and H, and H’s friendly job offering I am out of the above 602 heading room where she was diving.

immediately after that, the Defendant was able to commit an indecent act against the victim again into the above 602 heading room, and locked the victim at the bend of the bend and holyed with the victim’s nasium from the bend to the bend to the bend to the bend to the bend of the bend to the victim, thereby committing an indecent act against the victim.

Accordingly, the defendant invadedd the room possessed by the injured person, and committed an indecent act against the injured person by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs by field photographs and CCTV closures;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion by room, 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 concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act [the sum of the long-term punishments imposed on the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts by force due to intrusion upon residence) and the punishment above two crimes.

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