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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 and the victim D(n, 23 years old) are between the workplace rent.
1. A quasi-indecent act Defendant committed an indecent act at around 00:06, Jun. 23, 2017, at the Fpentathy Office (11) room in South-west Sea E, South-west Sea-gun, committing an indecent act against the victim’s losses who had been physically and mentally lost because he was locked and traveling with employees including the Defendant.
2. 성폭력범죄의 처벌 등에 관한 특례법위반( 주거 침입 준강제 추행) 피고인은 2018. 1. 18. 03:56 경 대전 G에 있는 H 역 3 층에 있는 여자 숙직실 앞에 이르러, 시정되어 있지 않은 문을 열고 방 안까지 들어가 침입한 후, 잠을 자고 있어 심신 상실 상태에 있는 피해자의 음부를 손으로 톡톡 치는 방법으로 추행하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Written statements of D;
1. I divided by the room of female employees' organization, the I sent by the victim, the I sent by the victim, and the I sent by the victim and the I sent by the victim;
1. Application of the provisions of Acts and subordinate statutes to the female employees' accommodation, the interior structure of the room for female employees' accommodation, the room for the room for the service, the floor plan of the room for the rest, the inside photographs of female employees' accommodation, and the entrance photographs of the room for the crime;
1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of punishment (a quasi-indecent act committed, a choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 298 of the Criminal Act (the occupation of indecent act by intrusion upon residence and the choice of limited 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 the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (indecent act by compulsion of intrusion upon residence)];
1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. An order to attend a course of sexual crime;