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(영문) 수원지방법원 2017.01.10 2016고합613
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion upon residence) committed an indecent act by the Defendant, on September 14, 2016, two times in his/her hands, by opening and intrusioning the said visit, which was not set aside in Suwon-si C, Suwon-si, Suwon-si, by which he/she did an indecent act.

Accordingly, the Defendant committed an indecent act on the part of the victim using the victim’s resistance impossibility condition.

2. The Defendant: (a) committed an indecent act against the victim E at the time and place described in paragraph (1); (b) committed an indecent act against the victim E at the victim’s room, such as the date and time described in paragraph (1); and (c) committed a theft with 10,000 won of the market price of the victim E-owned in the said room; (d) one Twitts with the victim F-owned market price equivalent to KRW 10,000 of the market price; and (e) one clothes with the market price of KRW 10,000 of the market price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on internal investigation by the police;

1. Application of statutes on site photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion on residence, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act, and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Registration of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed to attend a course;

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