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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.
Reasons
Punishment of the crime
On February 27, 2013, at least 04:20, the Defendant intruded into the D Training Center C, which was not equipped with a correction device, through an entrance that was installed at the 707th century, and tried to commit an indecent act by reporting the victim E (the 32 years old), by hand, with the victim’s face and arms, and rhyd the victim’s face and arms, and rhyd the victim’s hand over twice.
As a result, the defendant invadedd the victim's residence, and committed an indecent act by using the victim's situation where the victim cannot resist himself.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, and G;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11162, hereinafter the same shall apply), Articles 319(1) and 299 of the Criminal Act concerning criminal facts;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. Article 16(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1)2 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)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. Application of the sentencing criteria;
(a) Determination of type: A sex crime group, residential intrusion, etc. (persons aged 13 or older);
(b) Special mitigation: No penalty surcharge; and
(c) Scope of recommending punishment: Reduction area (one year and six months of imprisonment to three years); and
3. Sentence;