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(영문) 인천지방법원 2018.04.27 2018고합42
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On September 13, 2017, around 01:00 on September 13, 2017, the Defendant committed the crime against the victim C indicated in the Jongno-gu Seoul Metropolitan Government D indictment as “Seoul Jongno-gu I” but in light of the evidence, this is obvious that it is a clerical error and thus, it shall be done so.

The E Hospital nurse dormitory 3th floor of the E Hospital in the E Hospital intrudes into the first column, with the mind that the victim C (the victim 24 years old) was forced to commit an indecent act against the victim, and the victim Da was put with the arms and descendants of the victim.

Accordingly, the defendant invaded the shower Chapter and forced the victim to commit an indecent act.

B. The Defendant committed the crime against the Victim F at the time specified in the above A. B. At the time of the day, the Defendant: (a) invadedd the nurse dormitory 439 of the E Hospital, and attempted to use the victim’s knife with the intent to force the victim to commit an indecent act against the victim F (the 24 years old), who was committed in the bed; and (b) tried to use the victim’s knife with the victim’s knife with the victim’s knife with the Defendant’s knife and attempted to flee with his knife the Defendant’s chest.

Accordingly, the defendant invaded the above dormitory and forced the victim to commit an indecent act.

2. The Defendant infringed upon a structure in the above shower box, the victim G (the victim, the victim, the 25 years old), and the victim, with the aim of forced indecent act, was invaded by the second column of the shower box, where the victim saw for the purpose of forced indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol (tentative use) with respect to C, H (F), and G;

1. Application of the respective Acts and subordinate statutes of C, F and G;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 298 of the Criminal Act (the occupation of indecent act by force upon residence and the choice of imprisonment), and Article 319(1) of the Criminal Act (the occupation of intrusion structures and the choice of imprisonment) concerning the crime;

1. Aggravation concurrent crimes;

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