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(영문) 서울남부지방법원 2015.05.15 2014고합540
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a house located in Yangcheon-gu Seoul Metropolitan Government D, and the victim E (V, 49 years old) is a person who lives on the first floor of the above house.

On September 3, 2014, at around 18:55, the Defendant discovered that there was a door to the front of the said victim’s house, and was out of the victim’s bar and panty, and was out of the victim’s chest and panty, and was out of the victim’s breast and panty.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act by using the victim's state of impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Whether a case constitutes “any special circumstance to not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the risk of recidivism, the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification orders, the preventive effects of the sexual crime subject to registration, the protection effect of the victims of the sexual crime subject to registration, etc.

Supreme Court on February 23, 2012

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