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

At around 01:30 on October 13, 201, the Defendant: (a) reported the victim’s bridge that the victim was born through the victim’s home toilet window in Ansan-gu, Ansan-si; and (b) opened the above toilet window in his hand on his hand; and (c) went through the victim’s buckbucks.

Accordingly, the defendant, after intrusion upon the victim's residence, committed indecent acts by using the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to field photographs, site rents, and appraisal reports;

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 299 of the Criminal Act concerning the crime;

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Reduction elements of punishment [Scope of recommending punishment] of the recommended punishment according to the sentencing guidelines (determination of type), the group of sex crimes, general standards, and the crime of indecent act by compulsion (subject to the age of 13 or more), where the degree of indecent act is weak: In the area of mitigation of punishment [the scope of recommending punishment], nine months to three years (special adjustment) shall be sentenced to imprisonment (the scope of corrected recommended punishment]. Two years and six months to three years (the lowest limit of the applicable punishment shall be considered); and

3. The crime of this case committed by the Defendant upon intrusion upon the victim’s residence through the toilet window was committed by indecent act by the victim’s buckbucks, and by intrusion upon the victim’s residence, thereby impairing the peace of others’ residence.