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 November 9, 2019, the Defendant: (a) around 03:27, at around 03:27, at the residence of the victim C (a family name, fele, 49 years of age) located in Yangcheon-gu Seoul Metropolitan Government 1st floor B, opened a string door door and entered the living room, thereby making knee of the victim, who was divingd by being felged in the bed.

Accordingly, the defendant invadedd the victim's residence, and committed an indecent act against the victim by using the victim's defective or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the Act and subordinate statutes to a investigative report (on-site CCTV storage, etc.);

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso appears to have no record of having previously been punished for a sexual crime; personal information registration of the Defendant against the Defendant; taking lectures in sexual assault treatment and employment restriction order alone; the Defendant’s age, environment, family relationship, social relationship, method and consequence of the crime; the degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify the information; and the prevention of the sexual crime subject to registration