However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

On February 19, 2018, the Defendant, at around 14:00 on February 19, 2018, while drinking alcohol, such as the victim E (V, 52 years of age) who is the wife of his/her friendship in the Defendant’s dwelling in Mapo-gu Seoul, Mapo-gu, Seoul, and 401, had the Defendant committed an indecent act according to the victim.

At around 16:10 on the same day, the Defendant entered the inner house of the victim, which was held in the domicile of the victim in Mapo-gu Seoul Mapo-gu F lending 104, through an open door, and thereafter, the victim, who was drunk, was able to talk about the chest of the victim, and was boomed by the victim.

Accordingly, the defendant invadeds on the victim's residence and commits an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A report on investigation (specific reasons for the crime);

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant 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 299 of the Criminal Act concerning criminal facts;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of having been sentenced to imprisonment or a heavier punishment prior to the crime in this case, and the defendant's age, family environment, social relationship, etc., which can be achieved by the disclosure and notification order compared to the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure and notification order.