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

1. On August 2, 2015, around 01:30, the Defendant was in the house of the victim D (L, 55 years of age) who was in the past relationship with the Sincho-si C, Sincho-si, and was under the influence of alcohol, and opened a kitchen with the kitchen, which was under the influence of alcohol, and invaded upon the victim’s residence.

2. On August 29, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) committed an indecent act by force against the victim’s house at around 18:40 on August 29, 2015, when the said victim’s house came into a kitchen, and opened a kitchen while under the influence of alcohol and intrudes into the said house, and then committed an indecent act against the victim by using the victim’s left side buckbucks in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), 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;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] shall be concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;

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 extenuating circumstances among the reasons for sentencing);

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

1. The ages, family environments, relationship between the accused and the victim, criminal records, and recidivism of the accused, which are recognized in the records under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;