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

Some of the facts charged were revised ex officio to the extent that it does not harm the identity of the facts charged and the defendant's right to defense.

The defendant is a person who resides in a village, such as the victim B (n, 79 years of age).

At around 15:00 on November 20, 2019, the Defendant got into the house of the victim who is on the way to the Myeon of Jeonnam-gun, without the consent of the victim, into two gates, and intrudes into the room, without the consent of the victim, and kneeing down the victim's face, kneeing down in the side of the victim who was kneing down at that place, and kneeing the victim's face, and kneing the victim's face into the face of the victim's face.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel did not enter the victim's house with the explicit consent of the victim, but they did not enter the victim's house for the purpose of committing the crime at the time of the instant case, since the defendant was in a situation where he could freely access the victim's house, and was entered the victim's house for the purpose of eating food at the time of the instant case, he did not constitute an intrusion upon the victim's house because he did not enter the victim's house for the purpose of eating food. In addition, the crime of intrusion upon the resident's house is established when entering the other person's house against the resident's will. In this case, the resident's dissenting opinion can be presumed not only in explicit cases, but also in accordance with the surrounding circumstances (see, e.g., Supreme Court Decision 2003Do1256, May 30, 2003).