성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Punishment of the crime
1. Around 03:07 on February 27, 2016, the Defendant: (a) discovered the victim E (one, nine years of age) who was returning home in front of the D Building in Busan Metropolitan City; and (b) went away to the studio in front of the studio in the vicinity of the victim’s residence.
The defendant saw the victim to open an automatic entrance and enter into the studio room room room room room room, and the automatic entrance has not yet been completely closed.
On the second floor of the above building, the Defendant continued to stop from opening the door door of residence in front of the victim's room, etc., and prevented him from resisting against the victim's chest by bringing him/herself into another part of his/her own arms, and tried to leave his/her chest by cutting his/her finger into the part of the victim's room.
Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.
2. On July 12, 2016, the Defendant: (a) discovered the victim F (one’s name, two-four years old) who was returning home at the front of the D Building in Busan Metropolitan City on July 12, 2016; (b) driven away from the H school parking lot located in G in Busan Metropolitan City.
The Defendant, after the victim et al., prevented the victim from suffering with one hand, and putting another hand into the inner part of the victim so that the victim satisfes the chest of the victim, and resists against this, and satisfs the victim’s left face one time as his hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement of E and F;
1. A total list of seized articles and a report on seizure;
1. Reports on internal investigation (the sequence 6, 9, 14 in list of evidence);
1. A report on investigation (the sequence 10, 11, 12, 24 of the evidence list);
1. Application of each statute on photographs;
1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 319(1) of the Criminal Act, and the occupation of indecent acts by compulsion of residence.