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

The defendant's registered information is registered through an information and communications network for five years.

Punishment of the crime

피고인은 2012. 7. 11. 01:20경 김포시 C에 있는 피해자 D(여, 23세) 집에 이르러 방충망을 뜯고 잠겨져 있지 아니한 창문을 열고 방 안까지 침입한 다음 침대에서 잠을 자고 있던 피해자에게 다가가 피해자가 입고 있던 잠옷을 가슴까지 올린 다음 손으로 가슴과 허벅지 등을 수 회 만지고, 피해자가 입고 있던 팬티를 허벅지까지 내린 다음 손으로 음부를 수 회 만지고, 자신의 얼굴을 음부에 가까이 대고 코로 음부의 냄새를 맡고 혀로 음부를 핥는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

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, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. As to the defense counsel’s assertion under Articles 37(1)1 and (3), and 41(1)1 and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the defense counsel asserts that the Defendant was merely guilty of the crime of quasi-indecent act, since the victim was in the state of mental or physical disorder or non-

In a case where an indecent act was committed by taking advantage of the mental or physical condition of a person’s refusal to resist, it means the case where psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than the mental or physical defect in accordance with Articles 297 and 298 of the Criminal Act.

However, according to the statements of the victim's investigative agency, the victim was broken at the time when the defendant commits an indecent act. (See, e.g., Supreme Court Decision 98Do3257, May 26, 2000).