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

On August 4, 2015, the Defendant: (a) around 03:48, 2015; (b) around the funeral ceremony of D Hospital D Hospital in Guro-gu Seoul Metropolitan Government, 01 restaurant 01; (c) placed the finger in the upper right panty of the victim E (V, 45 years old); and (d) placed the finger in the victim’s sexual flag at one time.

Accordingly, the defendant used the victim's resistanceable condition to put his fingers into the victim's sexual organ.

Summary of Evidence

1. The victim’s statement is consistent with the E’s legal statement (the victim’s statement is consistent with the Defendant’s act, content of damage, the victim’s perception and response, and major circumstances after the crime.

No reason exists to deem the victim's statement to be false, and in light of the legal attitude of the victim's statement, the victim's statement is credibility.

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A report on investigation (SCCTV verification);

1. Application of the Act and subordinate statutes to the (CCTV) when storage of the screen and the situation observation mechanism by cutting off the situation (CCTV);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

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

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. Where a conviction becomes final and conclusive with respect to a sex crime subject to the registration of personal information in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information in accordance with Article 43 of the same Act.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than 30 years;

2. Application of the sentencing guidelines / [Determination of the type] General Criteria for Sex Offenses, and Type 1 (General Rape) (Special Sentencing Persons) (Special Sentencing Persons): The scope of mitigation of punishment is to be mitigated [Determination of the recommended area].