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(영문) 창원지방법원 진주지원 2016.08.18 2016고합61
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At night, the defendant had intruded into the D Hospital's hospital room in Jinju-si, with a view to theft of money and valuables owned by the patients or committing an indecent act against female patients.

1. Around 00:46, June 9, 2016, the Defendant: (a) intruded into the said D Hospital via an emergency room to the sick room of 7.11; (b) filed a report on a 10,000,000 square meters on the victim’s market price owned by the victim E in the sick room.

2. An attempted thief by intrusion in night rooms;

A. On June 12, 2016, at around 03:40 on June 12, 2016, the Defendant invaded by the emergency room via the emergency room of the pertinent hospital to the sick room of 395, and attempted to commit a theft by exposing the stolen object to the F (tentative name) who is the patient hospitalized at the front of the knife, and escape.

B. On June 14, 2016, at around 02:00, the Defendant: (a) opened and opened an entrance in the sick room (335) in order to steal money and valuables; (b) however, (c) was removed from the nurse G at the bed and attempted to escape.

3. On June 12, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act by force of intrusion on residence), committed an indecent act by force against the victim by breaking the victim F (F, 31 years of age, 31 years of age) to commit an indecent act against the female patient in the sick room No. 395 as stated in the above 2-A, around 03:45 on June 12, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to F, G, and E;

1. Each investigation report (related to the attachment of CCTV images within a hospital, the relation to CCTV images of a hospital, and the confirmation report on the victim's telephone statement);

1. Reports on internal investigation (with respect to the seizure of black sand and the analysis of suspect CCTV systems);

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes on photograph of seized articles, studs, suspect arrest time, and clothes, photographs of seized articles, CCTV caps and CCTV CDs worn in the course of committing a crime;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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