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
The defendant is an employee at the D static point in the first floor of the building in Ansan-si.
On July 5, 2015, at around 03:00, the Defendant intruded into the E Ma 305 hospitalization room on the third floor of the above C building, and tried to discover and commit an indecent act against the victim F (the age of 22). The Defendant made the victim’s clothes and panty, and brought the victim’s negative part into the victim.
Accordingly, the Defendant invaded into the room possessed by the victim at night, and committed an indecent act by force against the victim who is unable to resist by locked.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Each statement of G and H;
1. Investigation report-to attach CCTV photographs taken at the location of intrusion of the suspect's hospitalization, and the application of the Acts and subordinate statutes confirming the route in which the suspect has entered C building;
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 of the Criminal Act;
5. 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; thus, it is difficult to readily conclude that a defendant has a risk of sexual assault and recidivism due to the lack of the record of punishment for a sexual crime; the process of the instant case; the benefits and preventive effects expected by the order to disclose or notify the instant case; and disadvantages and side effects resulting therefrom, etc., the Defendant’s personal information may not be disclosed or notified.