성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Punishment of the crime
1. Around 04:40 on November 29, 2014, the Defendant: (a) opened a entrance not corrected at the main points operated by the victim D (Woo, 42 years of age) in C in the Gyeong-gun, Chungcheongnam-gun, North Korea; and (b) came into a way to report the victim’s being under the influence of alcohol at the 10th room of the said main points to report the victim’s being under the influence of alcohol at the 10th room; (c) cut cash from the wall of the victim located in the room, 2.50,00 won and two gift certificates No. 10,000 won of the gift certificates to commit an indecent act against the victim; and (d) laid down the victim’s fright to the locked; and (e) laid down the victim’s hand with his hand, and laid down his hand over the locked part.
Accordingly, the defendant invadedd the victim's structure at night, thereby thefting the victim's property and committing an indecent act against the victim in a state of mental disorder.
2. Around 04:50 on November 29, 2014, the Defendant: (a) driven a e-car while under the influence of alcohol with a blood alcohol concentration of 0.10% at the section of about 2km up to the road front of the said week, starting from the road front of the main point specified in paragraph (1) of the Road Traffic Act; and (b) driving the e-car at the same level as under the influence of alcohol level of 0.10% on the front of the said week.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;
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 30 and 299 of the Criminal Act, Article 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of running a sound driving and the selection of imprisonment);
2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)
3. Discretionary mitigation is below Articles 53 and 55(1)3 of the Criminal Act.