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 a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant resided in the 3th floor of the commercial building in Changwon-si, Changwon-si, and operates static points on the 1st floor, and the victim D (age 51) is operating on the 1st floor of the same building.
On April 6, 2014, around 23:30, the Defendant opened a locking device and entered the locking device using the key of the above temporary lodging entrance, knowing the fact that the injured person was frighten in the above temporary lodging room to make funeral preparation on the following day, with the knowledge of the fact that he was frighten in the said temporary lodging room to force the injured person to commit an indecent act.
피고 인은 위 임시 숙소 의자에 앉아 휴식을 취하던 피해자가 깜짝 놀라 일어서자 “ 이리 와 봐라. ”라고 하면서 양손을 뻗어 피해자를 안으려고 하였으나 피해자가 “ 나가라, 개 놈의 새끼야, 어디서 그런 짓을 하나. "라고 손을 뿌리치면서 반항하였고, 이에 피고인이 재차 " 시발 년 아, 이리 와 봐라, 비싸게 굴지 말고. "라고 욕설을 하면서 피해자를 강제로 끌어안으려고 하였으나 피해자가 손으로 피고인을 밀면서 거부하여 그 뜻을 이루지 못하였다.
Accordingly, the defendant attempted to commit an indecent act against the victim by infringing the victim's room occupied by the victim's room, but attempted to commit an attempted indecent act.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Recording record (No. 1), video (No. 2);
1. Inspection of damage situations and damage scenes, investigation report on attachment of CCTV image data, and application of statutes attached thereto at the time of damage;
1. Relevant legal provisions concerning criminal facts and Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the choice of punishment was made (Amended by Act No. 12889, Dec. 30, 2014); Articles 319(1) and 298 of the Criminal Act;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):