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 December 1, 2019, at around 07:14, the Defendant opened a door that was not corrected and intruded into the guest room in Seocho-gu Seoul Metropolitan Government, the Defendant committed an indecent act as soon as possible by entering the house of the victim E (the family name, the female, the 23 years old), and the chest of the victim E (the family name, the 24 years old) who continued to be diving.

Accordingly, the defendant committed an indecent act against the victims who have been unable to resist due to intrusion on their residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319(1), 299, and 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes resulting from the violation of the Act on the Punishment, etc. of Sexual Crimes against Victims E with heavy circumstances);

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant has no record of committing a sex offense; the Defendant is expected to be able to prevent recidivism even with the registration of personal information of the Defendant, the order to attend a sexual assault treatment program, and the order to attend a sexual assault treatment program.