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(영문) 부산지방법원 서부지원 2019.07.25 2019고합38
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

On November 8, 2018, the Defendant had a Mask-Turkey to enter all guest rooms in the telecom line with the above 5th floor in the telecom line, in order to look at the customers who are accommodated in other guest rooms in the above Mask-gu, Busan.

1. At around 04:00 on the same day, the Defendant intruded into the above Mask Turkey D using the said Maskyas seen above, and went out of clothes using his cell phone (Evidence No. 1), and taken video images of the victim E (the age of 39) and the victim of male who was unable to resist due to his fingers, and punished the part of the part of the victim E (the age of 39).

As a result, the Defendant invaded into the room occupied by the victims, taken the body of the victims who could cause sexual humiliation or shame by using mobile phones, and imprisoned the victims E in a state of failing to resist due to sleep.

2. At around 04:37 of the same day, the Defendant opened a door of the above Moel H, where the victim F (28 years old) and the victim G (29 years old) were accommodated, and intruded into the room occupied by the victims by entering the guest room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Records of seizure and the list of seizure;

1. A report on investigation (in relation to attachment of photographs) and a report on investigation (in relation to investigation into an on-site site);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319(1) and 299 of the Criminal Act, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), and each criminal law.

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