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

3...

On September 21, 2014, around 11:30 on September 21, 2014, the Defendant reported that the victim E (the age of 21) is locked in the film room of Seongdong-gu Seoul Metropolitan Government, and committed an indecent act by making it possible for the victim to talk with the victim's winter ditches by one hand, and the victim's chest who has no particular reaction only once talks with the victim, and only several parts of the victim's chests were indecent act.

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. Statement to E by the police;

1. As to the Defendant’s assertion of the investigation report (CCTV Investigation) and CCTV video CD, the Defendant asserted that he was in a state of mental and physical disability by not accurately memory by drinking alcohol at the time of the instant crime, and that he was in a state of mental and physical disability. As such, even though the Defendant was aware that he had performed a little amount of alcohol at the time of the instant crime, in light of various circumstances, such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the degree of the Defendant’s memory as to the process of the crime, which are recognized by each of the above evidence, it is not deemed that the Defendant was in a state of lacking the ability or decision-making ability under the influence of alcohol at the time

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [Determination of types] the general standard for sex crimes (subject to the age of 13 or more) and the category I (special mitigation] (subject to the reduction of punishment), the area of mitigation of punishment, the area of imprisonment with labor for one month to one year;

3. Determination of sentence: The sentencing criteria for six months of imprisonment with prison labor and two years of a stay of execution.