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(영문) 수원지방법원 평택지원 2019.01.25 2018고합164
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
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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

1. Around 01:00 on September 19, 2018, the Defendant: (a) opened the entrance door of the same floor F and G door door door to the guest room E, and continued to enter the entrance door of the same floor; (b) opened the guest room F and the guest room.

Accordingly, the defendant invadeds on the building managed by the victim.

2. On September 19, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by force) came to the Defendant’s home room where the victim J (the name of the victim, the age of 22) was administered in the H Iel located in the H Iel on September 19, 2018, and the victim got into the K Iel room where the victim J (the age of 22) was able to do so, and the victim, who was locked with the male-gu, opened a cresh and intrudes into the said guest room, and dived the victim’s panty by hand.

Accordingly, the defendant invadedd the room possessed by the victim and forcedly commits an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness J and L;

1. C’s statement;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to photograph CCTVs by cutting off CCTVs at a main felto, and by cutting off CCTVs at a main feltos;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act that allows the choice of punishment, Article 319 (1) of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act;

1. From among concurrent crimes, the number of concurrent crimes resulting from a violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes)

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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