A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On July 9, 2013, around 03:35, the Defendant got in front of the Victim D (Woo, 27 years of age) located in Gyeonggi Pyeong-gun C. On July 9, 2013, the Defendant, through the window of the victim who was opened with the brick gate, was able to protect the victim's locking in the room and let the victim enter the victim's house to commit an indecent act.

Therefore, the Defendant, through the entrance door on the back of the victim's house, intruded the victim's room, and brought 15,000 won in cash on the victim's wall located in the room of the victim's room, and stolen it. After continuing to walk the victim's cover, the Defendant committed an indecent act against the victim by taking away the victim's left side of the wall from the victim's hand to the victim's seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 30 and 299 of the Criminal Act;

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

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The elements of mitigation, such as sexual crimes (determination of type), general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), intrusion upon residence, etc. according to the sentencing guidelines: Indecent act.