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

On December 21, 2019, at around 08:00 on December 21, 2019, the Defendant exceeded the victim's panty and panty, who was lockedly locked, from the inside and outside the house of the victim's OO (the age of 36) that the victim was locked, and met with the victim's sexual flag and resistance as his hand.

As a result, the defendant committed indecent acts by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police;

1. Application of Acts and subordinate statutes to CCTV data;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that a defendant is at risk of recidivism of a sexual crime since he/she has no record of punishment for a sexual crime in the past. The fact that the defendant’s community service order, lecture order, and personal information alone appears to have an effect to prevent recidivism of the crime is difficult; and all of the circumstances such as the social benefits expected by the order to disclose, notify, and place the defendant’s personal information on employment; and