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

At around 04:50 on April 7, 2013, the Defendant: (a) divided the front door password of the victim D (n, 36 years of age) in Ansan-si, Ansan-si, and intruded into the house through the front door through the lock door; (b) exceeded the clothes of the victim under the influence of alcohol on the shock, and met the chest of the victim.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim who is not able to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of D;

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

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 16 (2), (3), and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Reduction elements of punishment [the scope of recommending punishment] of the range of recommended punishment according to the sentencing guidelines (the determination of a type), the group of sex crimes, general standards, and the crime of indecent act by compulsion (the persons aged 13 or older) (the act of indecent act by compulsion, such as intrusion upon their residence): Reduction element of punishment (the scope of recommending punishment): Imprisonment with labor for a year and six months to three years (the scope of corrected recommended punishment). From June to three years (the lowest limit of applicable punishment shall be considered).

3. The crime of this case committed by the defendant by intrusion upon the victim's residence, breathing the clothes of the victim who is in a state of failing to resist by drinking, and committing an indecent act by drinking, and the victim's sexual records are not limited to intrusion upon the victim's residence, thereby breaking the peace thereof;