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(영문) 광주지방법원 순천지원 2015.02.05 2014고합246
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

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

Criminal facts

The defendant was aware of the fact that a person who resides in the Doudio 403, the above Doudio 402, is a woman living in the mixed.

On September 5, 2014, at around 00:50, the Defendant confirmed that the studio 402 of the above studio was cut down. At around 01:30, the Defendant laid down the studio 402 above studio and applied the gas pipes installed on the outer wall of the rooftop with a lower lines set up at the said studio, thereby cutting down for a long time, following the boiler strings and air-conditionings and air-conditionings, and then cut down the 402 above 402.

The Defendant: (a) opened a closed door at the kitchen No. 402; (b) discovered the victim E (n.e., 29 years old); (c) laid off all clothes, other than one’s engine strings, and (d) laid off the victim’s side and opened the victim.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist by impairing the victim’s residence.

Summary of Evidence

Defendant’s legal statement

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering Disclosure under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering Disclosure Order under Article 16(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 319(1) and Article 299 of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on personal information that should be submitted under Article 42(1)2 of the Act on Special Cases concerning the Punishment of Sexual Crimes.

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