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 June 28, 2014, at around 04:10, the Defendant opened a gate operated by the victim D (Inn, 44 years old) located in the Gangseo-gu Seoul Metropolitan Government 1st floor, and intruded into the office inside the said office, and then, the Defendant became only a way to keep the victim's chest by the second hand of the victim who was fast at the chair.

Accordingly, the defendant invaded another person's structure and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the following map outputs:

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “any special circumstance that may not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the case where it is determined that there exist any special circumstances that may not disclose or notify the personal information,” as one of the grounds for exception to disclosure and notification orders, shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure or notification orders, preventive effects of the sexual crime subject to registration, effects of the protection of victims of the sexual crime subject to registration, etc. (see Supreme Court Decisions 2011Do16863, Feb. 23, 2012; see the aforementioned legal principles and the Defendant’s age, occupation, family environment