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

피고인은 2014. 5. 2. 05:12경 수원시 권선구 C에 있는 D모텔 209호에서 휴대전화의 랜덤채팅 프로그램인 ‘즐톡’의 성명불상의 대화상대방으로부터 위 방실에서 여자가 혼자 잠을 자고 있다는 말을 듣고 위 모텔로 찾아가 209호 안으로 침입한 후 잠을 자고 있는 피해자 E(여, 50세)의 가슴을 만져 피해자의 항거불능상태를 이용하여 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as CCTV photographs installed in a DNA telecom;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Where the sentencing guidelines apply [the determination of a type] and the general standards for committing the crime of indecent act by force (the persons aged 13 or older) and the mitigated elements (the act of indecent act by force on residence, etc.): Where the exercise of tangible force is considerably weak [the area of recommendation and the scope of recommended types] mitigated areas: Imprisonment with prison labor for a year and six months to three years (the scope of corrected recommended types] (the lowest limits of punishment by force shall be considered in accordance with Acts): Imprisonment for a period of not less than two years and six months (the lowest limits of punishment by force);

3. According to the sentence, the crime of this case was committed by the defendant on the part of the victim on the part of the victim on the part of the living site where the defendant had been aware of anonymous hosting for his sexual satisfaction and committed an indecent act by inducing the chest of the victim on the part of the victim on the part of the defendant, so that the crime is not good in light of the law and circumstances of the crime, and the victim can be seen to have suffered mental impulse.