A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Punishment of the crime

1. On March 12, 2014, the Defendant: (a) opened a gate that was not set up by “D” 508 located in Cheongju-gu, Chungcheongnam-gu; (b) intruded into the room of possession of the victim E (the 39 years old); (c) discovered the victim who was off and locked from his clothes; and (d) laid off the clothes, and frighted the victim with her hand, and committed an indecent act against the victim in a state of refusing to resist.

2. At night, the Defendant: (a) opened an entrance with no entrance set forth in No. 503 above 04:00 on the same day; (b) intruded into the room of the victim’s possession; and (c) cut off the victim’s cash 150,000 won, credit cards, etc., which are included in the victim’s cash 150,000 won; and (d) stolen the victim’s wall.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing victim photographs and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1) and 299 of the Criminal Act (the occupation of an indecent act by negligence and the choice of a limited term) and Article 330 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes) shall be concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;