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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 21, 2014, the Defendant invadedd the victim's residence by using the key in the victim D (n, 43 years of age) located in Gwangju Mine-gu, 03:00, using the key in the house of the victim D (n, 43 years of age), into the house, and sprinked the victim who was locked into the house, and sprinked three times, and sprinked the victim in the place of play, and sprinked the victim into two or three times, thereby infringing the victim's residence, thereby committing indecent act by force.
Summary of Evidence
Criminal facts in holding
1. Any statement made by the defendant in compliance with this Act;
1. Statements made by the assistant judicial police officer in relation to D's statement, which fit for such statement;
1. Since the investigation report prepared by the assistant chief of the Gwangju District Prosecutors' Office (victim's hearing of statements) can be recognized by comprehensively considering the statements and records suitable therefor, there is proof.
Application of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);
1. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act), where the criminal defendant was committed one time,
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The following facts can be acknowledged in light of the reasoning for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend the Republic of Korea.