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

At around 04:50 on June 23, 2013, the Defendant: (a) opened a closed door of the building D, which was not corrected, and intruded into the door, and was divingd on the floor; (b) caused the victim E (the age of 17) to report the victim’s left chest, thereby committing an indecent act by force against the victim under the condition of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to response to an on-site photograph, investigation report (on-site search, investigation, etc.), and fingerprinting on a criminal scene;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of type] The general standard for sexual crime committed by indecent act by force (special multiple persons) such as intrusion upon residence, etc. (special multiple persons] - mitigated factors: In cases where the exercise of tangible force is considerably weak, and where the degree of indecent act is weak, the court below's decision on the recommended sphere] special mitigation range [the scope of recommendation range] from September to 3 years [Comparison of applicable sentences and recommended sentences by law] imprisonment with prison labor for 2 years and 6 months to 3 years;

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months and three years of suspended sentence; and