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(영문) 광주지방법원 2018.11.09 2018고합172
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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

1. Around October 20, 2017, the Defendant committed an indecent act against the victim by: (a) having committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act by compulsion of intrusion upon residence) by opening the entrance door of the above heading room and by using the auxiliary key in the above heading room to commit an indecent act against the victim D (the 39 years old), who is administered in the above heading room; and (b) having intruded into the said heading room without awareness of being drunk; and (c) having committed an indecent act against the victim by drinkinging the chest and the ship of the victim who is fluened in the bending room.

Accordingly, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim's non-competence condition that he could not resist against the victim due to intrusion into the victim's room.

2. Around October 20, 2017, the Defendant assaulted the victim, such as: (a) the fact that the Defendant intruded into the said defense room, as described in paragraph 1 of this Article, at the said Batter on October 20, 2017; (b) the Defendant resisted the fact that the Defendant had invadedd into the said room; (c) the 112 reported phone using a telephone device located in the said Batter; (d) prevented the Defendant from making such call; and (e) sealed the victim by hand.

3. On October 20, 2017, the Defendant violated the Resident Registration Act: (a) around 00:53, around 200:53; (b) around 112, the head of the police station in the Gwangju Northernbuk Police Station, who was dispatched after receiving a report, demanded the Defendant to submit an identification card; and (c) the Defendant unlawfully used another person’s resident registration number by presenting the Defendant’s pro-friendly H’s resident registration number.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and G;

1. Statement made by the police with H;

1. On-site photographs of the instant case, the 112 Report Processing Statement, the list of the 112 Report Processing Cases, CD, CD for the crime of the 112 Report, and photographs of the installation status of Burcom Sin City, the screen pictures of the Sinti City B, the victim access form, and the image pictures of the screen screen pictures of the suspect before and after the Defendant committed the crime, pictures of the place where the suspect sent the C key, pictures of the place where the suspect sent the C key, the telephone of the Burter, and the image pictures of the victim, and five floors of the victim’s escape.

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