성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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
1. No person who violates the telecommunications business Act shall intermediate a third party's communications through telecommunications services provided by the telecommunications business operator, or provide it for any third party's communications;
Nevertheless, on December 1, 2016, the Defendant: (a) drafted a written contract in order to open only one unit of LG mobile phone (F) and one unit of KT mobile phone in the name of the Defendant; and (b) opened only one unit of KT mobile phone in the H hospital parking lot located in Daegu Suwon-gu, Daegu-gu, in the same manner at the same H hospital parking lot; (c) opened one unit of KT mobile phone (I) and one unit of LG mobile phone (J); and (d) deposited approximately KRW 2.4 million in total in the name of the Defendant in the account in the name of the Defendant.
Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for other's communications purposes.
2. Around 07:00 on August 8, 2017, the Defendant committed an indecent act against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by forceing intrusion on residence) by entering a toilet on the first floor of the Busan-gu Busan-gu Office, Busan-do, with the victim L (17 years of age, n, the victim) known that he/she had drinking with his/her male-child at the 1st floor of the same building as “M” in the same manner and carried in drinking with the toilet as a toilet, and then sprinked the victim who opened and emitted from the toilet with his/her two arms and tried to sit back. Around the same time, the Defendant committed an indecent act against the victim, such as: (a) putting the victim’s left chest by his/her hand; (b) putting him/her into the victim’s hand into the upper part of the building; and (c) forcing him/her to put him/her into the right part of the victim’s hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Recording records of the statements of victims;
1. Application of Acts and subordinate statutes to each investigation report (including accompanying materials in sequence 2, 8, 12, and 13 of the evidence list);
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 319 of the Criminal Act concerning criminal facts.