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(영문) 인천지방법원 부천지원 2018.05.18 2018고합70
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2018, around 06:07, the Defendant: (a) committed an indecent act against the victim E (the age 19) entering the 1st female toilet of the D Building in Bupyeong-si, Busan; (b) confirmed that the victim was not in the surroundings; (c) confirmed that the victim did not have any person around it; and (d) led the toilet lighting location attached to the wall at the entrance of the female toilet; and (b) invaded into the female toilet.

The Defendant: (a) reported that one’s own toilet lighting was taken off; (b) opened a string door; (c) opened a string door; and (d) opened a string door with a string door; (d) opened a string door; and (e) opened a string door; and (e) opened a defective cell in order to request the Defendant to assist with a cell phone used by the Defendant’s hand; and (e) opened the victim again to search for it.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and statement protocol (second time) made by the police for E, and statement made by the police for F;

1. The message sent by the victim;

1. Analysis of damaged parts photographs of each victim, CCTV images of buildings by time zone, and application of Acts and subordinate statutes on site photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

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 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 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, and Article 62-2 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on

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