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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 26, 2015, at around 22:48, the Defendant 22:48, after drinking alcohol at “D station” located in Incheon Strengthening Group C, found the wallets located in the business place, and again, she was found to have the victim E (the 53 years old) who is an employee was able to sleep alone in the main place.
At around 02:30 on May 27, 2015, the Defendant: (a) completed the business and corrected the entrance; (b) destroyed the lock locking system of the entrance of the said business establishment to a bru and an insular tool; and (c) invaded upon the said business establishment, thereby suppressing the victim E’s resistance and suppressing the shoulder and chest of the victim E.
Accordingly, the defendant invadedd the main points of the building managed by F, and forced the victim E to commit an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of the victim;
1. Statement of the police statement of witness F;
1. CCTV photographs and CCTV photographs for entertainment taverns;
1. Application of Acts and subordinate statutes on the main receipt;
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;
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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. In full view of all the circumstances, such as the Defendant’s age, occupation, growth environment, criminal record, and risk of repeating a crime acknowledged in the record under Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the Defendant’s personal information may not be disclosed or notified, taking into account the following circumstances: (a) the Defendant’s age, occupation, growth environment, criminal record, and the risk of recidivism; (b) the benefits and effects expected from the instant order to disclose or notify the information; and (c) disadvantages and side effects