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 August 4, 2019, the Defendant reported on August 4, 2019, on the victim C (the family name, the female, and the age of 25) located in Seongdong-gu Seoul Metropolitan Government, who gets from the taxi on the roads adjacent to the residence of the victim C (the age of 25) and followed the victim
At around 04:00 on the same day, the Defendant entered the victim’s residence, and opened the above door and opened the above door prior to the closure of the entrance, the Defendant dump bucks section 2 and 3 of the victim’s bucks.
Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police;
1. Application of Acts and subordinate statutes to reports on internal investigation (on-site verification) and reports on internal investigation (suspects' suspicions of intrusion upon residence);
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that the defendant has no same criminal record and thus, it is difficult to readily conclude that the defendant is in danger of habiting sexual assault or reoffending; the defendant’s personal information and order alone appears to have an effect to prevent recidivism; and other circumstances leading to