성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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
The Defendant had a sexual intercourse with male-gu and sexual intercourse, etc. with the victim who live in Pyeongtaek-si from 406 to 405, Pyeongtaek-si, the residence of which is the victim, and had a sexual intercourse with the victim. The Defendant had a common sense for the victim. The Defendant had been able to commit indecent act by entering the victim’s residence at night using the gap in which the victim is mixed.
On June 24, 2014, around 06:50 on June 24, 2014, the Defendant: (a) confirmed whether the Defendant she ear in front of the entrance, and opened a locked door and intruded into the residence of the victim; (b) Daced the victim, who was divingd by getting out of the bed, and (c) committed an indecent act on the victim by taking advantage of the victim’s state of refusal to resist, by taking advantage of the victim’s hand, even though the Defendant took over the victim’s left chest back back and took charge of the victim’s failure to resist.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement made by the police officer on the victim's statement;
1. Each recording record in the preparation of stenographic paper E; and
1. Investigation report by the police, and entry in each of the departments related to the report of the 112 case; and
1. Each investigation report prepared by the police (in addition to attached documents, CDs or photographs, together with a suspect, accompanied by a / studio photograph, CCTV video/ telephone conversation tape attachment / Audio photograph attached to a victim and a suspect photograph).
1. Application of each video statute of the studio internal photograph (Evidence No. 14, 15 pages of Evidence No. 2)
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 299 of the Criminal Act concerning the crime.
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 extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) and the main sentence of Article 16 (3) and Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order