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

Punishment of the crime

The defendant is attending the fourth year of C University Sports Department, and the victims of this case are transferred to the defendant after his school.

At around 02:50 on March 9, 2013, the Defendant: (a) knew that the victim D (n, 19 years of age), E (n, 20 years of age) drinks alcohol together with the Defendant and she was living in a studio where the victim E in Gangnam-si F is living, and opened a door where the victim did not correct the gap in which she was under the influence of alcohol; (b) intruded into the above studio, and she was diving the Defendant’s left hand on the side of the victim D; (c) put the Defendant’s body to the bottom of the victim’s body; (d) tried to keep the Defendant’s hand back to the left chest; (e) put the Defendant’s hand under the back of the left hand to the panty; (e) however, the victim D she broken the Defendant’s hand.

The defendant continued to sit on the side of the victim E, who was coming up on the floor of the victim E, and put his hand over several minutes to the left chest of the victim E, and the victim E has broken off for 2 to 3 minutes, thereby spreading the defendant's hand.

Accordingly, the defendant invaded into the room possessed by the victims and committed an indecent act against the victims by taking advantage of their state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 3(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319(1) and 299 of the Criminal Act concerning criminal facts

1. Optional sentence and limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu under Probation, Social Service Order or Order to Attend

1. The proviso to Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is exempted from disclosure orders and notification orders, and Article 37.