Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was living in the same workplace with the same company fees as the victim C (n, 28 years of age).

피고인은 2018. 5. 12. 00:30 경 화성시 D 소재 피고인이 일하고 있는 회사 직원 숙소에서, 피해자가 깜박 잊고 방문을 잠그지 않은 채 잠이 들었던 바, 피해자의 방 문을 열고 그 안으로 들어가 피해자의 방에 침입하고, 잠들어 있는 피해자의 팔을 피고인의 손으로 쓰다듬고 피해자가 덮고 있는 이불을 들치는 등 피해자가 잠이 들어 항거 불능한 상태를 이용하여 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and prosecutor with regard to C;

1. Statement made by the police for E;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the 112 reported case list, inside of a dormitory, investigation report (Attachment to a dormitory);

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, the type and motive of the instant crime, the process of the crime, the consequences and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the instant sexual crime subject to registration that can be achieved therefrom, and the protection effect of the victim, the