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(영문) 수원지방법원 2019.01.17 2018고합489
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

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

except that the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2018, the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for an attempted indecent act by force at the Seoul Northern District Court on June 2018, and the judgment became final and conclusive on February 20, 2018.

【Criminal Facts】

On the road, the Defendant, with the knowledge that the victim B (V, 20 years old) was driven away from the victim, was able to be considered as an object of the crime, with the awareness that the victim was living alone.

1. Around July 21, 2017, the Defendant: (a) brought the victim’s house in Seoul Special Metropolitan City, Nowon-gu, into a window located in Nowon-gu; (b) brought the victim’s house in front of the victim’s house; and (c) took a sand to the victim who was diving in the bed in the bed, and assaulted the victim.

2. On September 13, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force) committed an indecent act by force against the victim’s house beyond the victim’s house prior to the victim’s house at around 04:55 on September 13, 2017, following the victim’s intrusion upon the victim’s house, and then, the victim was out of the lower window fright, and the victim was suffering from the lower window fright, thereby committing an indecent act by taking the victim’s bridge into consideration the victim’s bridge by taking advantage of whether the victim’s windows and the victim was unable to escape from the Defendant’s act.

3. Intrusion upon residence;

A. On July 29, 2017, at around 05:00, the Defendant found the body of the victim, she exceeded clothes through the window installed outside the victim’s house wall, and then infringed upon the victim’s house by putting the knife of the knife of the knife of the victim’s knife.

B. On November 10, 2017, at around 04:50, the Defendant came to the house of the above victim, and opened a window outside the victim’s house wall and collected the hand from the victim’s house, thereby infringing on the victim’s residence by inserting it into the victim’s house window.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on the occurrence of a house, each on-site investigation into internal accidents, verification of CCTV images, and other relevant facts;

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