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

Punishment of the crime

The defendant, together with his wife, visited the family of the victim B (n, 29 years of age) who was born by his wife and drinking together, and after drinking, at a small room, the defendant and the wife of the victim were locked at the inside.

At around 01:50 on June 23, 2019, the Defendant was able to commit an indecent act against the victim while the Defendant was divingd at the small room of the Defendant’s residence, the Defendant was able to drink the victim, opened a door door in which the victim was diving and intruded into the door, and dumpbbbbs.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental disorder or impossible condition by intrusion into the room possessed by the victim.

Summary of Evidence

Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed by the Defendant’s Partial Statement B (including site photographs of a police box and accompanying documents), Article 112 of the Act, Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by Using On-site Identification Reports (or On-site identification of a suspect before and after the commission of a crime), Articles 319(1) and 299 of the Criminal Act, Articles 53 and 55(1)3 of the Criminal Act, Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes Committed by the Defendant’s Partial Statement No. 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes Committed by the Defendant, the Act on the Protection of Children and Juveniles from Sexual Abuse, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 59-3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.