The imprisonment with prison labor for the accused shall be two and a half years and six months.

However, the above sentence shall be executed for four years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, around 17:00 on December 2, 2013, 17:0, 104-dong 104-dong 803, the Defendant, while drinking at the home of the victim D (M, 37 years of age) in order to enjoy the first race, had the victim reported the coming from, and had the victim had the intent to commit an indecent act.

After intrusion into the house through open door, the Defendant committed an indecent act against the victim by making the victim not resist by hand, and by making the victim resist by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Statement to E by the police;

1. Application of related Acts and subordinate statutes;

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 extenuating circumstances among the reasons for sentencing);

1. Article 16 (2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information: Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse: The defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no sex crime record) recognized in the record; the order to attend a lecture aimed at improving his/her character and conduct is concurrently imposed; and the disclosure or notification of the defendant’s personal information may not be made in full view of the benefits and effects expected by the order to disclose or notify