A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On April 23, 2016, around 02:38, the Defendant: (a) found the object to be stolen by intrusion into a ward through the main window of the bank that was not corrected for the purpose of cutting away the object before the collection of the victim D (n, 35 years of age) located in Jeju on April 23, 2016; (b) and (c) reported the victim who was suffering from the wall above the inner bed; and (d) reported the part on the left side of the victim as his hand.

At this time, the victim was her play and asked how to the defendant, and the defendant went out of the country.

Accordingly, the defendant invadeds upon a human habitation at night, thereby intending to steal the victim's property, and committed an indecent act against the victim in a situation where he cannot resist due to diving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative reports and data attached thereto;

1. A report on the results of field identification;

1. Application of the method of intrusion, photographic photo of intrusion route, photograph of victim's inner photograph, and Acts and subordinate statutes on site photograph;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Articles 342, 330, and 299 of the Criminal Act (the fact that an indecent act by force against intrusion at night is committed, and the choice of organic imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

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

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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the crime of this case, the defendant has no record of punishment for sexual crimes, and thus, has a risk of recidivism or recidivism of sexual crimes, except for the crime of this case;

It is difficult to conclude.