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

On February 8, 2019, the Defendant, at around 23:30 on February 23:3, 2019, drinked from “C” drinking house located in Mapo-gu Seoul Metropolitan Government, with the victim B (n, 18 years of age), and was drinking to the entertainment planning agency practice room used by the victim located in Mapo-gu Seoul Metropolitan Government.

On February 9, 2019, the Defendant, around 04:00, committed several times on February 9, 2019, with the victim's left hand, committed an indecent act against the locked victim on the floor of the above practice room, cut the Defendant's bar and clothes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation (the contents of text messages between a suspect and a victim after a case and hearing statements by an complainants);

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

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 against Order to attend education

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for the following six months, the sentencing conditions shall be determined by comprehensively taking into account the following circumstances and the age, character and conduct, environment, motive and means of the crime, and the conditions of the punishment after the crime is committed.

The favorable circumstances: the defendant recognizes a crime and is against the defendant, and criminal punishment is imposed against the defendant.