A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

At around 02:50 on July 23, 2017, the Defendant, with the knowledge that the victim D (Woo, 57 years of age) resides in the window located in Chungcheong City C, opened a back door to the back of the building and intruded the victim's home into the inner room where the victim was locked, and she then sealed the victim's shoulder back to the back of the body where the victim was locked. At around 02:50 on July 23, 2017, the Defendant saw the victim's shoulder back to the back of the body where the victim was locked without the location of clothes.

Accordingly, the defendant invadedd the victim's residence and forced indecent act against the victim who is in an impossible condition to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of statutes on site photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act (Selection of Term Imprisonment with 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 among the reasons for sentencing)

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

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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism (no previous one) recognized in the record, and other various circumstances, including the benefits and preventive effects expected by the order to disclose or notify the information of this case, and disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information;

[Determination]

Reasons for sentencing

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;

2. Two years shall be punished by imprisonment with prison labor for the type 2 (Compulsory Indecent Acts, such as intrusion upon residence) (the scope of the recommended punishment).