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.
Punishment of the crime
The defendant drinked the victim's mind to commit an indecent act against the victim D (the 22 years old age), and followed the victim from the F Elementary School bus stops in E at the time of the government of the Gu, the victim left the bus No. 106.
On July 1, 2014, at around 00:27, the Defendant entered G-si, a commercial building with a victim’s residence, into the Government-si, which was a commercial building. On July 1, 2014, the Defendant met both the victim’s chests from stairs between the first floor and the second floor.
Accordingly, the defendant invadedd a structure and forced the victim to commit an indecent act.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. The police statement of the victim D;
1. Report on internal investigation (application for a warrant of search and seizure or of search for cases of a field officer, the course of movement of a suspected suspect, and a warrant of search and seizure);
1. Application of CCTV Acts and subordinate statutes;
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. 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;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. The reason for sentencing in full view of various circumstances, such as the disclosure order and the effect and side effect expected by the disclosure order of this case and the disclosure order of this case, and the disadvantage and side effect of the notification order, etc., the defendant's personal information should not be disclosed or notified (it is deemed that there are special circumstances that should not be disclosed or notified)
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Application of the sentencing criteria (the range of recommending punishment) sex crimes.