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 June 16, 2014, at around 12:30, the Defendant discovered that the victim F (n, 27 years of age) was under the influence of alcohol in the vicinity of the Gangseo-gu Seoul Metropolitan Government, and that the victim was under the influence of alcohol. The Defendant: (a) discovered that the victim was under the influence of alcohol in the vicinity of the Gangseo-gu, Seoul; (b) opened the above Ba, prior to the opening of the entrance of the above Ba joint entrance door, and intrudes on the victim’s residence; (c) up to 3th of the above Ba, the victim was under the influence of the victim by her hand after the math of the Ba; and (d) committed an indecent act by force against the victim by force by force by taking the victim’s chest back at his hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F, G and H;
1. suspect interrogation protocol of G to the prosecution (including F statements);
1. The police statement concerning F;
1. Images recorded in CCTV-recording CDs;
1. The Defendant asserts that a photograph (F, A), while having entered the inside of the joint entrance door as indicated in the holding in order to assist the victim under the influence of alcohol at once and time, there is no indecent act against the victim.
However, based on the above evidence, the following circumstances are revealed.
In other words, the victim has consistently stated the core contents of the instant case, such as the circumstances, methods and patterns at the time of the instant case, and the content of the victim’s statement appears to be specific, so it is impossible to make a statement without direct experience, and there is no unreasonable or contradictory part in the content itself.
However, the victim has made a statement that is not inconsistent with the field CCTV images on the situation immediately before the occurrence of the case, such as his/her own taking nature. However, there is no circumstance to deem that the victim made a false statement for the purpose of punishing the defendant or receiving agreed money. In this case, there is an exaggeration or inaccurate face in part of the victim's statement concerning the circumstance at the time, solely on the basis that there is an exaggeration or inaccurate face.