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Reasons
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(영문) 창원지방법원 통영지원 2018.11.29 2018고합97
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On February 24, 2018, around 00:07, the Defendant committed the crime against the victim C at the main point of “F” managed by E on the second floor of the D Building at macro-si, the Defendant reported the victim C (n, 20 years of age) to enter the victim’s toilet, followed the victim’s hand, carried the victim’s hand, boomed the victim from the string off, sealed the victim into the string partitions, and knicked the victim’s knife with his knife at one time by hand.

B. The Defendant committed the crime against the Victim G at around 00:15 on the same day, reported that the Defendant entered the victim G (V, 19 years of age) and the victim G (V, 19 years of age)’s toilet, and followed it. The Defendant waiting for the order in front of the lusium, and only her chest was sent one time to the victim’s chest who was waiting in the atmosphere.

Accordingly, the Defendant infringed on female toilets managed by the above main points, and forced the two victims to commit indecent acts.

2. On February 24, 2018, the Defendant driven an I car under the influence of alcohol content of about 0.05% in a section of approximately 200 meters from the mouths adjacent to the D Building at 00:20 on February 24, 2018 to the H building at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Written statements prepared by the J;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes to a investigation report (in-house CCTVs, an investigation report on CCTVs and a photograph by capturing CCTV images);

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act concerning the crime, Articles 148-2(2)3 and 44(1) (the driving of alcohol and the choice of imprisonment) of the Road Traffic Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Indecent Acts against Residence) against the grave G with the penalty and circumstances aggravated for concurrent crimes.

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