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 three years from the date this judgment becomes final and conclusive.

Criminal facts

On May 8, 2010, at around 02:32, the Defendant entered the gate opened in Ulsan-gu C, Ulsan-gu, where stairs railing was c, opened a house toilet window of the victim D (n, 29 years old) on the second floor, intruded the victim's house through the window, and dump of the victim who was locked in the bed in the bed part of the plan, and dump panty rubber part was included in the panty rubber part.

An indecent act committed against the victim, such as setting.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 299 of the Criminal Act (the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) 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 (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the former Order to Attend (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. The assertion and judgment on the defendant and his/her defense counsel under Articles 37(1)1 and 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the State to issue an order to disclose or notify sexual crimes

1. The summary of the assertion is that the defendant, while under the influence of alcohol, is aware of his house and enters the victim’s house, and has no intention to enter the victim’s house.

2. The following circumstances acknowledged by the evidence adopted by the court and examined by this Court, namely, ① the victim’s house at the time of the instant crime, with the second floor of Ulsan-gu C detached, Ulsan-gu, Seoul-gu, the Defendant’s house located far away from 70 meters, and the number of floors differs. ② The Defendant’s wife E, the Defendant’s wife, can be seen as the Defendant in this Court.