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

From July 23, 2018 to July 24, 2018, from July 23, 2018 to July 02:30, 2018, the Defendant, along with the victim C (n, 24 years of age, 24 years of age, and family name) who was the Defendant’s ship ship B and B, took the Defendant into the Defendant’s residence of the Defendant in the Chungcheongnam-gun, and thereafter, B and the victim moved into the Defendant’s residence of B located in Chungcheong-gun E.

On July 24, 2018, the defendant came to the residence of the above B and around 04:00, the defendant intruded into the residence room of B, through a gate not corrected, and found that the victim was locked with B on the bed, found the victim's counter and panty in the bed, cut off the victim's bucks, cut off the victim's bucks, cut off the victim's bucks and down the victim's bucks, and prevented the victim from being injured by his hand, and bucks.

Accordingly, the Defendant infringed upon the residence B, and committed an indecent act against the victim by taking advantage of the state where the victim was unable to resist with locked.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation record of the police suspect B;

1. Statement made to C by the police;

1. Investigation report (related to the attachment of letters and photographs sent by a suspect), the application of Acts and subordinate statutes providing photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure, notification, and employment restriction orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.