Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] On November 6, 2013, the Defendant was sentenced to four years of imprisonment with prison labor at Seoul High Court for special robbery, etc. and completed the execution of the sentence on April 30, 2019.

【Criminal Facts】

On August 23, 2019, around 07:40 on August 23, 2019, the Defendant opened a bend door of the “Cpenta” door located in Gyeonggi-gun B, which was not corrected by his hand, and intruded by a plan to open a bend door of the “Cpenta” door, and diversed in the bend door, and hump of the victim’s panty typ, which was covered by E (tentative name, n.e., age 19).

Accordingly, the defendant invadedd the victim's residence, and committed indecent act on the victim by using the victim's condition of mental disorder or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial suspect examination protocol of the defendant;

1. Legal statement of witness E;

1. Each investigation report (in the event of field photographs, etc., tracking CCTV for a suspect or suspect's moving path, leakage of CCTV for a suspect at the scene of the crime, and verification of the difference between sunrise time and CCTV time when the crime is committed);

1. Previous records: The application of criminal records and criminal investigation reports (report on the date of release and report on the date of release, binding of judgment, etc.);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. There is a risk of repeating a sexual crime against a criminal defendant due to the lack of criminal records identical to that of him/her, under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and under the proviso to Article 49 (1) and the proviso to Article 50 (1)