성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
A defendant shall be punished by imprisonment for two years.
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 July 4, 2015, around 05:30 on July 4, 2015, the Defendant: (a) opened the victim’s house E in Gwangjin-gu Seoul Special Metropolitan City, and opened the door to the victim’s house, and (b) opened the victim’s house, thereby passing the victim’s neck into the victim’s house, and invaded the victim’s house.
The defendant saw the neck of the victim who is frighten and frighten, and eleled the victim's seat to a small room, and prevented the victim's shoulder and body from being keled by keling the victim's shoulder and body, and fel off the victim's body, and met the victim's body.
As a result, the Defendant attempted to commit an indecent act by force by intrusion upon the victim's residence, but the victim resisted the victim, and did not commit an attempted act by force outside the house.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The defendant and his defense counsel asserted as to the statement recording CD, investigation report (victim’s hearing of statements) and defense counsel, suggesting that at the time of the crime, the defendant stated that he was in a state of mental disorder by stating that he was not breathn memory at the time of crime.
According to the above evidence, although the defendant was found to have drinking at the time of committing the crime, in light of various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime. Thus, the above argument is rejected.
According to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when sexual crimes are committed in the state of mental disorder caused by drinking, Article 10(2) of the Criminal Act on the mitigation of mental disorder may not be applied.
The Defendant was under the influence of alcohol to commit the instant crime.