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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 28, 2015, when the Defendant was holding a victim C phone number from the earth, the Defendant was able to play together with the victim under the influence of alcohol on the same day.
On the other hand, the victim was able to find the victim's house.
At around 01:00 on the same day, the Defendant opened an unlocked gate and door door and intruded into the residence of the victim.
2. Around September 18, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Intrusion on Residence) went through front of the house of the victim C (the 18 years of age) on September 18, 2016, and entered a locked gate and the entrance into the entrance and exit of the victim to the inside of the victim. Around September 18, 2016, the Defendant dived her her her her her her her her her her her b
Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim by assault.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes; and
1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the choice of punishment (the occupation of intrusion upon residence, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, Article 298 of the Criminal Act (the occupation of indecent act by force upon residence and choice of imprisonment with prison labor);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment within the extent aggregated with the long-term punishment for the above two crimes];
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) and the main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to Attend or Order to Attend Community Service.