성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant, while serving as hotel employees, committed an act such as creshing the time of a new wall to work as a hotel employee, opening a house to which guests are silent, and listening to the sexual noise by entering a scheme, or peeping into a sexual act, etc. Furthermore, the Defendant committed an act of committing a crime of drinkinging the victim F’s right bridge part of the victim F, and the Defendant, as hotel employee, endeavoring for safe and comfortable accommodation of guests as well as making efforts to protect the privacy of guests, but rather, he also intrudes on the guest room where they are accommodated, and harming the general public’s trust in lodging business, such as committing a criminal act of gambling, etc. The Defendant’s criminal act is likely to have suffered a considerable sexual humiliation and physical or mental shock along with his considerable sexual impulse, and the victim was also suffering from mental pain corresponding to his lodging, etc.
However, the defendant recognized all of the crimes of this case including the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act against Residence) that the defendant denied by the court below, and reflects the wrong, the defendant is an initial offender who has no record of criminal punishment, and the defendant was working in the
D Payment of compensation for damage to the company operating a hotel, and the agreement with the victim F of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Intrusion on Residence) has been reached in the past, and the victim does not want the punishment of the defendant, and the defendant does not engage in the same crime repeatedly or in accommodation.
There are circumstances favorable to the defendant, such as the fact that the defendant is moving.
In all such circumstances, the defendant's age, sex, environment, family relationship, and crime.