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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. On December 28, 2019, the Defendant, at around 03:15, discovered that the victim C (a person under the age of 31) who resides in the above loan was able to return home in the vicinity of Eunpyeong-gu Seoul, Seoul, and followed the victim, the Defendant: (a) opened a joint door by dividing the above joint door number; (b) opened the joint door; and (c) entered the victim following the victim before the close of the said joint door; (d) opened the joint door with the victim, and (e) opened the door according to the floor on which the victim gets aboard and getting off the elevator, the Defendant she saw the above door level with the victim, opened the door, and dried the entrance knife.
Accordingly, the defendant invadedd the victim's residence.
2. On December 28, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) committed an act by force on or around 03:30 on December 28, 2019, when the victim D (the name of the household, the age of 19) was living in the family room where the victim D (the age of 19) was seated, put the above family belt on the door, put the door on the door, and asked the victim as “the victim is a house owner” while opening the door, and put the victim into the family room and by hand on the part of the victim.
Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.
Summary of Evidence
1. The defendant's statement in court as a witness D's partial statement;
1. Each prosecutor's office, police interrogation protocol of the accused, and each police's protocol of statement C (tentative name) and D (tentative name) concerning the accused;
1. A written statement of C (tentative) and D (tentative) and a statement of 112 reported cases processing;
1. Application of the Acts and subordinate statutes governing CCTV recording data at the scene of occurrence;
1. Relevant legal provisions on criminal facts and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Articles 319(1), 298 of the Criminal Act, and Article 319(1) of the Criminal Act concerning the punishment of sexual crimes (the occupation of intrusion upon residence and the choice of a limited term of imprisonment) (the occupation of intrusion upon residence and the choice of imprisonment)
1. Aggravation concurrent crimes;