A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 28, 2016, at around 06:33, the Defendant opened the above 16 heading room in Gangseo-gu Seoul Metropolitan Government 3rd floor and 16 heading room in Gangseo-gu Seoul Metropolitan Government 3rd floor, and was able to write down the following parts from the part of the victim E (at least 35 years old, household name) left left part of the victim E (at least 35 years old, household name) who was in the bending part of the said heading room.

Accordingly, the defendant invadedd the victim's residence, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning the photograph of the place of occurrence;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 13 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) The crime of indecent act by force [types] and the crime of indecent act by force (subject to at least 13 years) committed on the part of a general compulsory indecent act (type 1) [Special Sentencing Person] mitigated element: In a case where the degree of the indecent act is weak (the territory of recommendation and the scope of punishment recommended); one month to one year;

(b) Crimes of intrusion upon residence: Whether the sentencing criteria are not applied; and

(c) Scope of recommending punishment: Imprisonment with prison labor for one month to 13 years (the lowest limit of the recommended punishment shall apply only to concurrent crimes with crimes to which the sentencing criteria are not applicable);

3. Grounds for a suspended execution [main reasons for consideration] positive: Where the degree of indecent act in an indecent act crime is weak [general reasons for consideration]: Inviting social ties, addiction to alcohol, positive: Serious reflection.

4. The defendant who previously was sentenced to a fine twice due to a sex offense but again commits the instant crime, and commits an indecent act by intrusion upon the victim's room.