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(영문) 대구지방법원 2018.11.09 2018고합392
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 sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2018, at around 15:20, the Defendant discovered out the fact that the Defendant was in front of the front of the 3rd female toilet in the 1st floor of the building “D University” located in Sinsan-si, Sinsan-si, and the victim E (n, women E, 19 years old) was in front of the 3rd female toilet, and confirmed that there was no room around the toilet. After opening the 3rd female toilet, the Defendant was able to prevent the victim from being in his/her hands, and the victim was able to have his/her own sound and resist, and the victim was able to buck down both sides of the victim in his/her hand with the victim’s right side, and then became safe from the victim’s right side by his/her hand.

Accordingly, the Defendant infringed on the room possessed by the injured person and committed an indecent act by force against the injured person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Response to a request for appraisal;

1. A report on internal investigation (Attachment of photographs of women's toilets and suspected recipients' escape routes), photographs (not later than nine times);

1. Report on internal investigation (related to the verification of CCTV images before and after the occurrence of a suspected person);

1. A report on internal investigation (Attachment of a flag photograph worn by the injured party at the time), photograph (No. 15 No. 15) and photograph;

1. Investigation report (verification of the suspension status, etc. of male toilets) and photographs (No. 18 times a year);

1. A investigative report (Attachment ofCCTV image CDs), photograph (No. 22 times a year);

1. Application of investigation report (verification of the existence of a man's toilet suspended before committing a crime)-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant shall be a foreigner of large nationality).

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