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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 25, 2017, around 06:30 on August 25, 2017, the Defendant discovered the victim D (25 years of age) who entered a house by chanceingly in the old world near the Southern-gu Busan Metropolitan City, and was able to commit an indecent act against the victim by impairing the victim's residence.
1. On August 27, 2017, the Defendant infringed upon the victim’s residence by entering the victim’s house via the string gate located in Busan Southern-gu E, for the first time.
2. On August 31, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of intrusion upon residence) committed an indecent act by: (a) upon finding a victim who was locked and diving at the home of the said victim, and then, by inserting his/her hand on the math and inserting his/her hand on the math; and (b) by inserting his/her hand on the math and inserting his/her hand on the eths covered by the victim; and (c) raising his/her hand on the eth of the victim’s bridge in a ethic state of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on the occurrence of a crime (voluntary indecent act), investigation report (Attachment to site photographs), investigation report, investigation report (specific to a suspect), investigation report (Attachment to a person), investigation report (Attachment to a report), investigation report (Attachment to a report on August 31, 17), investigation report (Attachment to a photograph and a copy of CCTV following the crime on August 31, 17), investigation report (Attachment to a photograph and a copy of CCTV), and investigation report (victimD phone investigation);
1. Seizure records;
1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;
1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Articles 299 and 298 of the Criminal Act (the indecent act by force against intrusion upon residence, the choice of imprisonment), Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment) concerning the crime;
2. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the punishment, etc. of sexual crimes of which punishment is heavier (Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier;
3. Reduction of a small amount;