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

Punishment of the crime

Although the Defendant resided in Gangnam-si C’s studio 302, on July 23, 2014, around 02:45, the studio 206 of the victim D (n, 23 years of age) opened a studio and infringed on the victim’s residence.

While the Defendant was divingd by the victim who was divingd in the above 206 beds, the victim was frightened by the victim, and the victim was frightened from the lock, and the victim was frightened by the victim who frightened out of the bed, and frightened by the victim who frightened out of the bed from the bed, the victim was tightly kneed, placed the victim on the bed, placed the victim's body on the bed, prevented the victim from resisting the victim by booming the victim's panty in one hand, and frightened the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. E statements;

1. Photographs (A), on-site photographs, and text messages on the settlement of taxi expenses;

1. Application of investigation reports (verification of details of the use of a taxi of a suspect on the day of the incident), investigation reports (Attachment Reports of Statement of Witnesses E);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

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, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse