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

On November 10, 2017, the Defendant entered the 15:13rd, Namyang-si (hereinafter omitted) with a entrance that was not corrected in front of the house of the victim (e.g., 69 years of age) on the 1st, Namyang-si (hereinafter omitted), and committed an indecent act by coercioning the part of the victim’s humf by enjoying the part of the victim’s humf in his hand.

Accordingly, the Defendant committed an indecent act by force by using “the state of a victim who is unable to resist” in the indictment for mental and physical loss after intrusion upon the victim’s residence.

In the record, the phrase “non-entry” means a case where psychological or physical resistance is impossible due to reasons other than loss of body and body, and if the victim was locked, it constitutes a physical and mental loss, and it cannot be seen as an impossible state (see Supreme Court Decisions 76Do3673, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, Sept. 14, 2001).

The defendant and his defense counsel also recognized the fact that the victim was locked at the time of the instant case. Thus, the defendant and his defense counsel did not go through the amendment of indictment because there is no risk of disadvantage to the defendant's exercise of the defendant's right of defense.

The victim was forced to commit an indecent act by taking advantage of the state of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on the police;

1. A written statement of preparation;

1. On-site photographs, background surrounding the scene of crime, and map of the criminal defendant's scene of crime;

1. Copies of field CCTV images;

1. Application of Acts and subordinate statutes to a report on investigation (on-site search and investigation cases), and a report on investigation (report on victim telephone statements);

1. Relevant Article 3 (1) of the Act on the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes and Articles 319 (1), 299, and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.