성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)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
At around 02:00 on August 7, 2019, the Defendant: (a) opened a balcony that was not corrected for the first time and intruded into it; and (b) made indecent acts by force against the victim, who was on the body of the victim D (a person, a woman, 28 years of age) who was unable to resist due to the locking, by taking advantage of the lock.
In addition, at around 02:15 on the same day, the Defendant opened and intruded a gate that was not corrected by the Epentthy “F room”, and took 200,000 won of the market price owned by G, and stolen it. On the same day, at around 02:30 on the same day, the Defendant opened a gate that was not corrected at the Hpenty “I room” and intruded into the gate, and took the gate on the body of the victim J (the name, f., 27 years of age) who was in a state of escape due to locked, and then taken the her chest into the body of the victim J(the name, f., f., 27 years of age) and took the her chest back.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer's statement to D (alias), G and J;
1. Investigation report (a CCTV analysis installed at the scene of the crime) (the confirmation of the criminal suspect's charged line); An investigation report (related to the suspect's attitude and method of intrusion), investigation report (related to the suspect's attitude and method of intrusion), and application of Acts and subordinate statutes to investigation report (electronic assessment result);
1. Relevant Articles 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299 of the Criminal Act (the occupation of indecent act by compulsion of residence and the choice of limited term) and 330 of the Criminal Act concerning the crime;
1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes concerning the Punishment, etc. of Sexual Crimes against the Victims J with the largest punishment and punishment)
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.