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(영문) 광주지방법원 순천지원 2019.10.24 2019고합113
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2019, at around 19:05, the Defendant: (a) discovered the victim D (the age of 53) while driving the Defendant’s vehicle on the front side of “Carib,” located in the Yongnam-gun B; (b) reported that the victim would drive the vehicle; and (c) followed the victim’s vehicle, and then the victim parked in the place of residence of the victim in Jeonnam-gun E; and (d) went through the entrance that was opened after the victim’s vehicle was parked.

At the same time, the defendant continued to have been in a multi-use room after the victim's death, and the victim tried to punish the two arms of the sounder, "I am, I am, I am, I am, I am, I am."

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

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 elective Punishment of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the possibility of recidivism by the accused, an order to disclose or notify the accused’s disadvantage and anticipated side effects, and prevention of sexual crimes subject to registration which may be achieved

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