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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 02:00 on August 29, 2012, the Defendant discovered the victim who returned home in the vicinity of the commercial building where the victim D (n, 25 years of age) located in the B, and caused the sexual impulse in the instant building to be opened following the victim’s second floor through the stairs, and then, in front of the studio door of the victim of the instant building through the stairs, the Defendant committed an indecent act by force against the victim by force on one occasion, by putting the chest in front of the studio door of the victim of the said building.

Accordingly, the defendant invadedd the victim's residence and led to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D (first time);

1. Application of investigation reports (related to the residence of victims), on-site photographs, and photographs and statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the facts favorable to the defendant among the reasons for the discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu on Probation and Order to Attend (Amended by Act No. 11556, Dec. 18, 2012)

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The range of recommended punishment according to the sentencing guidelines [the types of crime], general standards, the crimes of indecent act by compulsion (subject to the age of 13 or more), the types 2 (Specially Indecent Act by Indecent Act, etc.): Where the extent of exercise of tangible power and indecent act is weak, one year and 6 months to 3 years (the scope of recommending punishment] imprisonment.

3. Statutory applicable sentences and recommended sentences: Imprisonment with prison labor for not less than two years and six months to three years.

4. Whether or not a suspended sentence is positive (principal reasons): Where the exercise of tangible power is significantly weak, the detention of the accused is excessive to his dependants.