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

On November 18, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution in Busan District Court on November 18, 2015, and the judgment became final and conclusive on November 26, 2015.

On March 5, 2015, around 02:46, the Defendant entered the victim’s sexual organ into the Busan Young-gu B apartment house, around 102 Dong 1213 at the house of the victim C (the male, 55 years old, 55 years old). The Defendant was under the influence of alcohol or under the influence of alcohol and was as soon as possible for six minutes.

In addition, the defendant was placed in the same place in around 02:55 on the same day, and was promptly placed in the sexual organ of the victim who has been temporarily diving, and for three minutes.

Accordingly, the defendant committed an indecent act on the part of the victim by using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal report (related to attachment, etc. of video files), video CDs, and output of the scene of the crime;

1. Previous convictions: A criminal history inquiry, investigation report (report on the result of confirmation of the previous conviction of the disposition), and judgment [the defendant only acted with his or her sexual organ at the victim's request]; however, in full view of the facts acknowledged by the evidence duly adopted and investigated by this court (in particular, the motion picture taken to commit a crime), the defendant can be found guilty of committing indecent act by using the victim's resistance impossible condition]; the application of statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes above and the indecent acts committed by force for which judgment has become final and conclusive);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) 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 disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses (the Defendant in light of the characteristics, etc. of the instant crime).