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.

Punishment of the crime

Around 03:00 on January 1, 201, the Defendant, at the private village-type D’s house located in Seogugu, Daegu, provided alcohol with the victim E, who is the victim E, who is the victim of the above D and the deceased village-type D (the 39 years of age). A person who was diving in the above D’s room, committed an indecent act by force against the victim, who was sexually injured by the victim’s chest and the fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 6, 7 and 8);

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201) concerning criminal facts

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 ( repeatedly considering the favorable circumstances);

1. Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011)

1. Article 2 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 37 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012); Article 41 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012); Article 41 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012); the Defendant’s relatives with the victim may cause secondary injury to the victim if disclosed; the registration of personal information and the order to attend the sexual assault treatment can expect the Defendant’s personality, behavior improvement and effect of recidivism; it is difficult to readily conclude that a sexual crime is likely to again committed.