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(영문) 대전지방법원 천안지원 2017.11.15 2017고합180
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

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

Reasons

Punishment of the crime

The Defendant and the victim C (V, 22 years old) were in the same workplace rent, and the Defendant was residing in the 3rd Do △△△-dong of the Asan-si, Asan-si, and the victim was living in the same 1st tier of the said D apartment.

On March 11, 2017, at around 01:10, the Defendant: (a) had a single floor while drinking with his family members; and (b) had a cigarette in front of the said victim’s residence; (c) had intruded with the Defendant’s living room beyond his/her window for multi-use room to report the heatd victim’s living room and enter the room, and had the window for drinking.

Then, the defendant was living together in a ward, and the victim was able to sit in the head of his body, and she was faced with the victim's head.

Accordingly, the Defendant committed an indecent act against the victim in a situation where he could not resist by intrusion upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of Messen, the suspect, the attachment of the victim's telephone note, the details of deposits sent by the victim to the victim, the attachment of the statement sent by the victim to the victim, the suspect, the circumstance in which the victim submitted to the company, the confirmation of the victim's residence, such as the site, the verification of CCTV, and

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes for the Crime and the Selection of Punishment, etc., Articles 319(1) and 299 of the Criminal Act (Selection of Term Imprisonment with labor);

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 main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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