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(영문) 광주지방법원 순천지원 2019.09.19 2019고합91
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 2018, the defendant had a sense of care for the victim when he was performing a sewerage construction work in front of the victim B (the name, the 66 years of age).

1. On December 2, 2018, around 13:15, the Defendant entering a residence intrusion: (a) entered the house of the victim in 13:15, via a gate opened from the house of the victim in Macheon-si, and (b) removed a small room’s shock network and windows, and entered into the living room where the victim was the victim without permission.

Accordingly, the defendant invadedd the victim's residence.

2. On March 28, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by force) came to the house of the victim as described in paragraph (1) on March 22, 2019, and intrudes into the victim’s house by the steel stairs connecting the neighbor’s house and the rooftop of the victim’s house, and then intrudes into the victim’s house with the victim’s house through the mast gate, and she reported the Defendant to the victim’s house, and she saw the victim’s body by using both arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1) and 298 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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