성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On October 27, 2016, the Defendant discovered the victim D (V, 25 years of age) who was frighted in Ansan-si, 01:40 on October 27, 2016, and tried to commit an indecent act following the victim.
From around 01:58 on the same day, the Defendant continued to follow the victim from the above place to enter the building of the apartment house in the same Gu E, and followed the victim to three floors, who are the victim's residence.
At around 02:16 on the same day, the Defendant viewed the victim through the entrance door of the victim who did not properly close the place. On the same day, the victim intruded the victim's residence through the entrance door above the locked, and applied the victim's panty part up to the breast part, exempted the victim's panty and string, and got off the victim's panty part.
As a result, the Defendant committed a crime of intrusion upon residence, committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss or arbitrariable condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F or D;
1. Application of Acts and subordinate statutes to photograph CCTVs;
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term, with prison labor for an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).
1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 14412, Dec. 20, 2016)
1. 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 (an order to disclose or notify registered information may have a significant impact on the defendant, and there is no record of punishment for a sex offense by the defendant.