성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Intrusion upon residence;
A. On May 24, 2014, at around 23:20, the Defendant entered the victim D’s house house in the East Sea C, and intruded the victim’s residence by putting him/her at the inside room.
B. The defendant 1-A
On May 25, 2014, approximately one hour after the victim's intrusion upon the victim D's residence, such as the statement in the port, entered the victim's house house 00:25 again on May 25, 2014, and intrudes the victim's house lives into the victim's house lives.
2. Around 00:03 on May 25, 2014, the Defendant opened a gate that was not corrected in the house of the victim E (in women, 12 years of age) located in the East Sea and opened a visit connected to the Mar. 25, 2014 and intruded into the victim’s computers.
피고인은 피해자의 방 안에서 “뭘 전달하러 왔다 자기야”라고 말하면서 피해자에게 다가가 피해자의 뒤에 서서 양손을 피해자의 겨드랑이 밑으로 집어넣고, 손으로 피해자의 가슴 밑 부분을 만져 피해자를 강제로 추행하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Statement-recording CDs;
1. Application of Acts and subordinate statutes on site photographs
1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a penalty, and Articles 319 (1) (each point of intrusion upon residence, each choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 298 of the Criminal Act;
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment)
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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.