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 after the judgment becomes final and conclusive.

Criminal facts

On January 31, 2013, the Defendant, around 21:30, became aware of the victim’s debrison number while drinking together with the victim D (the age of 26) of female friendly-gu and her female sexual intercourse with his or her family member D (the age of 26), in order to take the drunk victim into his or her house.

On February 1, 2013, the following day, around 01:45, the Defendant added a password to the victim's house Heung-gu E and intruded into the victim's house to the victim's house, and then put it into the part of the main unit where the Defendant entered one panty and one pantyt in the victim's market price in the benda laundry machine.

In order to view the part of the victim's sexual organ, the Defendant continued to have a garlance on the kitchen with which he had been in the kitchen, and the part of the victim's jum or tamp with which he had no consciousness by drinking, and had been able to see the part of the victim's sexual organ.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property, and commits an indecent act against the victim by taking advantage of the victim's mental disorder or failing 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 to photographs, such as internal investigation reports ( initial investigation), field photographs, investigation reports (Evidence No. 8), CCTV photographs taken at the time of opening the entrance, appraisal reports, and criminal tools;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 30 and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall obtain personal information pursuant to Article 32 of the Act