성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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 February 22, 2018, the Defendant, at around 19:00 on July 22, 2018, drinked to “E” in the “E” column for the operation of the Victim D (M, 47 years of age) located in Ulsan-gu, Ulsan-gu, with one’s own behaviors and the other with one’s behaviors. On the same day, the Defendant, at around 20:00, she took entertainment together in nearby singing rooms and she took the part in the activities of the victim.
피고인은 귀가하던 중 피해자가 술에 만취한 사실을 기억하고 피해자의 운영 포차에 무단으로 들어가 피해자를 추행하기로 마음을 먹고, 같은 날 22:30 경 위 포차 앞에 이르러, 시정되어 있지 않은 출입문을 열고 안으로 들어가 침입한 후, 피해자가 술에 만취하여 의식이 없이 그곳 방 안에서 잠을 자고 있는 것을 발견하고 그녀에게 다가가, 혀로 피해자의 귀를 핥았다.
Accordingly, the defendant invadedd the victim's residence and committed an indecent act on the victim's resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes to a reply to a request for appraisal and a reply to appraisal;
1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act, and the choice of an organic imprisonment with prison labor;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender who has no record of criminal punishment for sexual crimes, the Defendant’s personal information registration against the Defendant, and the order to attend a lecture for treatment of sexual assault are also effective to prevent re-offending.