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.

Criminal facts

On May 13, 2017, around 04:57, the Defendant discovered the victim D (tentative name) who returned home under the influence of alcohol in front of the Busan Seo-gu C Housing, and intruded into the middle of stairs going from the second floor to the third floor according to the victim, with the intention to commit an indecent act, and forced the victim to commit an indecent act by driving the victim's chest back from the back of the victim's hand with his hand, and by driving him twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to stairs photographs);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to provide protection and attend lectures;

1. There are special circumstances under which the disclosure of personal information of a defendant may not be disclosed, in consideration of the defendant's age, the degree of risk of re-offending, the type of the crime in this case, the process and result of the crime, the seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order, the preventive effect of the sex crime subject to registration, the effect of the protection of the victim, etc., and other factors.

If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is subject to Article 43 of the same Act.