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

Criminal facts

At around 03:00 on November 18, 2012, the Defendant saw the victim under the influence of alcohol at the victim D (n, 22 years of age)’s house located in Chuncheon City Croud 205, and opened and intrudes the victim’s house with the key to force indecent act by compulsion of the victim’s body at around 04:00 on the same day. At around 04:00 on the same day, the Defendant forced the victim to commit indecent act by forcing the victim by force by force, such as: (a) the victim was under the influence of drinking alcohol by taking advantage of the victim’s chest; (b) the victim was under the influence of drinking alcohol; and (c) the victim was under the influence of the victim’s chest; (d) the finger was fluencing the victim’s chest; and (e) the Defendant’s sexual organ flading the victim’s body part of the body; and (e) the victim’s sexual organ was sealed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning the facts constituting an offense, and Article 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The range of the recommended punishment according to the sentencing guidelines [decision of type] the general standard for sex crimes (subject to the age of 13 or older) by blood relatives, such as the indecent act by compulsion of life or by compulsion of indecent act by force, special indecent act by force (the scope of the recommended punishment] from two years and six months to five years (the basic area) by imprisonment, and there is no criminal history of punishment (the general prison).

3. Decision of sentence: The defendant, two years and six months of imprisonment, committed an indecent act against the victim's house by taking advantage of the victim's breath under the influence of alcohol, which is highly likely to be subject to criticism in light of the fact that the degree of indecent act is serious and the victim is seeking to severely punish the defendant.

However, there is no record of criminal punishment for the first offender, and the victim.