성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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.
Punishment of the crime
On September 24, 2014, at around 22:15, the Defendant opened a gate that was not corrected in front of the office of the victim D (n, 23 years of age) located in the Busan Yagu C and intruded into the living room.
The Defendant continued to open a door and open out of the house with the victim who returned home, and maternists and the victim who gets home, knife the breast, knife the breast, and knife the knife into the knife, and knife the knife by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to each investigation report (the sequence 9, 12, 14, 18 of the evidence list);
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Grounds for sentencing in full view of all the circumstances such as the favorable circumstances deemed to be the grounds for sentencing, and the circumstances such as the likelihood of recommitting a sexual crime in light of the circumstances favorable to the sentencing, and the circumstances leading up to the instant crime, etc., as well as the profits and preventive effect expected by an order to disclose or notify the Defendant’s personal information, and the disadvantages and side effects therefrom, it is deemed that there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be made, and the Defendant’s personal information may not be disclosed or notified,
1. Imprisonment with prison labor for a period of two years and six months to fifteen years;
2. Scope of recommendations (determination of types) - sex crimes, general standards, and