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.

Criminal facts

On September 29, 2013, at around 21:33, the Defendant intruded into the front door of the victim D (n, 54 years of age) located in the Dog-si C’s residence, and used the victim’s her clothes in his/her hand with his/her her son off, with his/her her body of body.

As a result, the defendant invadedd the victim's residence, and committed an indecent act by using the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Reduction elements of the range of recommended sentences according to the sentencing guidelines (determination of a type), general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), two types of indecent act by compulsion (specially committed acts by compulsion, such as intrusion upon residence): Where the exercise of tangible force is considerably weak (the area of recommendation and the scope of recommended sentences), reduction area, one year and six months to three years (the scope of corrected recommended sentences) imprisonment, and two years and six months from six months to three years (the lowest limit of applicable sentences shall be considered);

3. Determination of sentence: In the event that the exercise of tangible force for three years of suspension of execution (limited to reasonable circumstances) in two years and six months of imprisonment is considerably weak, there is no record of the same kind and more severe punishment, and reflect (unfair circumstances) the nature of a crime committed by an indecent act against a victim after entering a residence is irrelevant to fear or recovery from damage shall be decided.