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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 3, 2012, at around 03:28, the Defendant: (a) pushed away the door door of the gate of the victim D (Inn, 49 years of age) in the north-gu, Busan in his residence; (b) sealed the door door of the gate, opened the door, and intruded the method to open it; (c) discovered the victim who was locked with titts and panty on the part of the victim; and (d) found the victim who was locked with the victim’s right-hand bucks in his hand, and committed indecent act against the victim by taking advantage of the state of failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographs, on-site guidance, and internal rescue;

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. 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. Article 16 (2) and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Articles 37(1)1 and (3), 41(1)1, and 41(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Public Disclosure Order and Notification Order [the scope of applicable sentences] : (a) sexual crimes, general standards; (b) the crime of indecent act (subject to at least 13 years of age); (c) the crime of indecent act by force in Type 2 / (a special-feassive act by force), where the degree of indecent act is considerably weak; (c) the degree of indecent act is weak; (d) serious reflects of punishment; (e) there is no criminal history [the scope of recommending punishment] 9 to 3 months (special mitigation areas; and (e) the scope of sentencing is reduced by at least two special mitigation persons; and (e) the scope of punishment is reduced by up to 1/2) / [the scope of recommended punishment to be mitigated by imprisonment] - the main reason for suspension of execution - six years to 3 years [the main reason for suspension of punishment]