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.

Punishment of the crime

The defendant is currently illegal stay as a foreigner of Mongolian nationality.

On June 10, 2019, at around 20:00, the Defendant entered the Sung-gun Belc around 02:51 on the following day, opened a door in which the victim D (n, 27 years of age) was not corrected by E, and intruded into the door at which the victim D (n, n, and 27 years of age) was able to commit an indecent act against the victim by taking the victim's grandchildren and kn, by taking the victim's knife onto the bed by the knife at the bed part of the victim.

Accordingly, the Defendant committed an indecent act against the victim who was in a state of difficulty to resist by intrusion into the room possessed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written statements prepared D and F;

1. The application of CCTV photographs and investigation reports (the suspect's criminal investigation on the day of the case)-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (in light of the fact that foreigners of Mongolian nationality have no smooth communication through Korean language and thus the effectiveness of taking lectures for treating sexual assault appears to be low, and that there is a possibility that they may be forced to leave abroad by procedures under the Immigration Control Act, it is recognized that there are special circumstances in which order to attend cannot

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s depth and reflects the instant crime; the type, circumstance, means and consequence of the crime; and the degree of disadvantage that the Defendant suffers due to the disclosure order and the notification order.