The prosecution of this case is dismissed.

1. On June 20, 2012, the Defendant, at around 03:40, committed an indecent act by force against the victim’s chest, who was in the state of her failure to resist by opening a gate that was not equipped with a correction device in the room of the victim D (at the age of 24 years) residing in the Dong-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

2. As to the assertion of the defendant and his defense counsel, the defendant and his defense counsel have opened and entered the entrance door of 602 where the victim resides. However, this asserts that there was no intention to intrude upon the victim's residence since the victim's room was removed from his own room under the influence of alcohol.

3. In light of the following circumstances acknowledged by the evidence duly adopted and investigated in this court: (i) the Defendant took a significant quantity of alcohol on the day of the instant case to the extent that it is difficult to take the body of the victim; (ii) E and F, the principal agent of the said public notice board, as a result of checking CCTV of the sixth floor on the day of the instant case, made a statement to the effect that he was aware that he was aware that he was able to find the victim’s residence; (iii) the room of the Defendant and the victim is the same as each other, although the two floors are different, and the structure of the room seems to be the same, it is difficult to view that the evidence submitted by the public prosecutor (such as the statement, etc. by the victim to the investigation agency) alone did not have any other evidence to acknowledge the intention of entering the residence of the victim.

Therefore, the defendant cannot be punished for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and only quasi-indecent acts by force can be established. A quasi-indecent act by force is a crime falling under Article 299 of the Criminal Act and a public prosecution is instituted only when the victim files a complaint under Article 306 of the Criminal Act.