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.

A. The Defendant who committed the crime is a male-friendly person C of the victim B (n, 25 years of age).

At around 02:00 on August 10, 2019, the Defendant found C’s residence residing in Yeongdeungpo-gu Seoul Metropolitan Government***, and opened the entrance door and intruded into the room by using a password known to the general public. At this point, the Defendant Daced the victim who was under the influence of alcohol at the bend, brought the victim in the back, kid the victim’s chest from the back, kid the victim’s breast, kid with the victim’s panty, and knife the knife the knife into the victim’s pantyty.

Accordingly, the defendant invaded another person's residence and committed an indecent act against the victim by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes of the prosecution concerning C;

1. Application of the police protocol protocol law to B

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1), 299, and 298 of the Criminal Act concerning the facts constituting an offense;

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 consideration shall be made again for the reason of sentencing);

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

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 information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso appears to have no record of having been punished for a sex offense; the defendant’s entry is made due to the following: the defendant’s age, occupation, risk of recidivism; the type and motive of the crime; the type of the crime; the motive and consequence of the crime; the seriousness of the crime; and the disclosure and order