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(영문) 수원지방법원 2018.05.17 2017고합760
성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등
Text

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

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

[criminal history] On February 20, 2014, the Defendant was sentenced to two years of imprisonment for the attempted robbery, etc. by the Changwon District Court, and completed the execution of the sentence on October 25, 2015 in the Port Prison.

[Criminal facts]

1. On November 8, 2017, at around 02:40, the Defendant, who intrudes into his residence, parked the Defendant’s franchise XG car on the front of the C cafeteria located in Osan City, in the vehicle. At around 04:03, around 04:03, the Defendant discovered that the Defendant returned home under the influence of alcohol by the victim D (the name, the 22 years old), the victim-friendly E (the 22 years old, the 22 years old), and followed the Defendant’s walk.

At around 04:07 on the same day, the Defendant confirmed the number of floors of the victim through turn on the 5th floor in a building where the victim was living in Osan City F, and opened a joint door of the building and opened the joint door of the building and went out from the dry water stairs, and followed E going back to the house, and intruded on the victim’s residence.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion upon residence) revealed the address of the victim as above, and sent clothes to the defendant's house at the defendant's house. On the same day, in the above studio around 05:28 of the same day, the victim's studio was intruded into the victim's studio in an unsound manner, and then the victim's studio, spoves, and bridged several times at the bed.

Accordingly, the defendant committed an indecent act against the victim by infringing upon the victim's residence by using the victim's mental and physical loss or arbitrative condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Some statements concerning the accused in the prosecutor's office and the police interrogation protocol;

1. Each police statement made in relation to D (tentative name) and E (tentative name);

1. A written statement prepared in D;

1. Submission of the 112 Report Processing table, on-site photographs (13 through 15 pages of investigation records), and evidential materials (the photo of the investigator who has sustained by the defendant on the day of committing the crime);

1. Investigation report (for the victim, such as the rear appearance of the suspect);

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