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 April 30, 2017, around 15:00, the Defendant collected the victim D (Woo, 74 years of age) with a hearing disability 2 in C, which was located in C, with a view to having the victim married, and having the victim committed an indecent act by force.

The defendant tried to get out of the victim's body that had been accumulated in the room through the gate and the entrance of the victim who had not been corrected, but was unable to get out of the victim's body by hand, and the part of the victim's body was limited above the victim's body.

As a result, the defendant invaded the victim's residence and forcedly commits an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Stenographic records;

1. A certificate of the disabled and a medical certificate for the mentally and physically handicapped;

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) and Article 298 of the Criminal Act (a point of coercion of intrusion on residence), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Selection of alternative abandonment of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of committing sexual crimes, and the Defendant’s registration of personal information and participation in sexual assault treatment lectures can expect to prevent recidivism to a certain extent.