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

From around 02:00 to around 03:00 on November 28, 2015, the Defendant performed drinking with seven persons, such as the victim E (n, 20 years of age), and returned to each other, the Defendant returned to the said house 2, which is the Defendant’s lodging house, and the said gate 1, which is the victim’s lodging house, opened an entrance and intruded with the victim, who was divingd in a bed in a bed only in a panty with the victim’s pent and panty panty in a bed with the victim’s gate 1, which is the victim’s lodging house.

Accordingly, the facts charged that the Defendant committed an indecent act by taking advantage of the victim’s mental and physical loss or resistance impossible condition after the victim’s intrusion into the room possessed by the victim, stated that “the victim committed an indecent act by taking advantage of the victim’s mental and physical loss or resistance impossibility condition.” However, in light of the name of the crime and the applicable legal provisions, this appears to have been expressed, and even if recognized as above, it appears to have not been likely to cause a substantial disadvantage to the defendant’s exercise of his right to defense, and thus, it is recognized as above without going through a modification of indictment procedure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (with respect to attachment of photographs, related to the response to the request for appraisal), each photograph, and gene appraisal report;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297-2 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse shall apply to orders to attend lectures and orders to provide community service;