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

Punishment of the crime

On June 27, 2008, at around 03:30, the Defendant intruded into the victim D (n, 47 years of age) located in Ulsan-gun, Ulsan-gun, beyond the inner window that was not corrected at the residence of the victim D (n, 47 years of age), and discovered the victim who was diving, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. He/she shall make a report on the investigation, report on investigation (specific suspect), and report on investigation (finding on the scene of criminal investigation);

1. Application of Acts and subordinate statutes to replys to the results of on-site inspections, daily newspapers, fingerprinting, giving confirmation of identity of sexual assault incidents, written expert opinions, and re-explosion and appraisal of the scene of crime;

1. Article 5(1) of the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof;

1. The following circumstances are acknowledged as recorded in Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); the proviso to Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012); the proviso to Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012).