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(영문) 수원지방법원 안산지원 2018.10.26 2018고합240
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

On May 20, 2018, the Defendant: (a) tried to commit an indecent act against a imprison female; (b) discovered the victim E (one, two-four years of age) returning home in the vicinity of the D shop in Ansan-si, Ansan-si; and (c) followed the said victim.

On May 20, 2018, the Defendant: (a) around 02:29 on May 20, 2018, before the apartment house located in Ansan-si, the Defendant reported that the victim living in the above multi-household △△△△ was entering the 1st floor, followed the victim; (b) the victim discovered the Defendant, who was able to sit in the string of the string, was able to see the victim’s left hand, and her face was able to see the victim’s left hand, and her face was able to see the victim’s face with the left hand. (c) Then, the Defendant tried to dance with the victim’s face with the victim’s her hand after putting the victim’s heep with the Defendant’s hand, but the victim did not open the victim’s face; and (d) she sees her face with the victim’s left ear and her face with the victim’s heep.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Photographss of the scene of the crime, the screen by cutting down CCTV images around the scene of the crime, the screen by cutting down the CCTV images around the defendant's house, the suspect's comparative photographs, and photographs of the scene;

1. The location of CCTV at the location of the incident and the application of the statutes on the routes of escape;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.

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