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 four years from the date this judgment becomes final and conclusive.
Criminal facts
Around 04:50 on July 30, 2014, the Defendant returned to find a place to see the urine while under the influence of alcohol. Around 04:50 on July 30, 2014, the Defendant reported that a single-story window was opened at the residence of the victim D (L, 48 years old) located in Yongsan-gu Seoul Metropolitan Government, and went into the residence of the victim through the window with a view to committing an indecent act against the female locked in the house.
The defendant found the victim who is diving in the room, and boomed the victim's chest by inserting his hand into the inside of the victim, and boomed the victim's chest, and boomed the victim's finger into the victim's lower and panty, and led the victim to force by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on report of internal investigation (personal identification of fingerprints);
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture
1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of
Reasons for sentencing
1. The scope of recommendations (decision of type) shall be general criteria for sex offense groups;