beta
(영문) 서울서부지방법원 2018.09.13 2018고합162

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (one, half, 22 years of age) and the victim.

On May 12, 2018, at around 01:44, the Defendant followed 15 minutes following the Defendant: (a) by advertising earphones in front of the “E” convenience store located in Mapo-gu Seoul Metropolitan Government; and (b) discovering the victims returning home and committing an indecent act against the victims.

At around 02:00 on the same day, the Defendant entered the victim's residence entrance door in Seoul Mapo-gu Seoul and multi-household house, and intruded into the said house, and "the victim flicked the same alcohol, but the victim refused it, followed by the victim's left hand from behind the victim's back to the victim's second floor, she laid down the victim's hand, she flicked the victim's flick, and went beyond the victim.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).