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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a neighbor who is living in the victim C (a family name, a female, 30 years of age) and the next family.
1. From around 05:40 on August 12, 201, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of intrusion on residence), opened the victim’s residence door, 402, the victim, knowing that the Defendant avoided tobacco from the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, and female is living together next to his/her house while being able to do so.
The Defendant: (a) opened a door that the above door does not locked and intrudes into the door; (b) found the victim locked from the room floor; (c) took advantage of the victim’s non-fluence situation where the victim is under the influence of alcohol by taking advantage of the victim’s resistance impossibility condition; and (d) committed an indecent act against the victim, such as using the victim’s chest and ship, etc. by hand, and using the victim’s chest and ship.
2. At night, the Defendant infringed upon the victim’s residence at the time and place described in the above paragraph (1), and then fluored and stolen the victim’s key to the victim’s cell phone with the victim’s market value of at least 1.30,000 won, which was located in the room.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C (tentative name);
1. Written statements prepared in D;
1. Application of statutes on field inspection photographs;
1. Relevant legal provisions concerning the crime, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act (a person who commits an indecent act by force against intrusion upon residence, choice of imprisonment),
1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of two crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier (Indecent Acts by
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 of the Criminal Act: