성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 26, 2014, the Defendant: (a) around 22:35, at the bus stop located in Seongbuk-si, Sungnam-si, the victim D (Woo, 18 years of age) walked, and followed away from the victim; (b) opened a joint co-fluence password of the E apartment located in the Sungnam-si, Sungnam-si, where the victim is living, and went into the elevator, and followed the victim to enter the residence of the apartment including the victim.
After that, in order to make the victim's 13th floor pressing of the elevator and to raise doubt from the victim, the defendant divided the 12th floor pressing of the elevator into the 12th floor, and used the stairs between the 12th floor and the 13th floor, and committed an indecent act against the victim's will by forcing it against the victim's will, by taking the 13th floor up by using the stairs between the 12th floor and the 13th floor, the victim's hand gets off from the elevator, and by taking the 12th floor and the 13th floor into the stairs between the 12th floor and the 13th floor.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes to reports on the occurrence of accidents and investigation reports (including CCTV images);
1. Article 3 (1) of the Act on the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act concerning the crime;
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 extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;