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 October 5, 2015, from around 00:55 to 01:05 on the same day, the Defendant discovered the victim D (n, 24 years old) who was under influence of alcohol in front of a multi-household house in Gwanak-gu in Seoul Special Metropolitan City, and accessed the victim, “I Da Da Da Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do d Do Do d d Do d Do d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d e with the victim’s clothes.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement of the victim;

1. A report on investigation (verification of CCTV images at the scene of a crime), recording, and a report thereon;

1. Application of the Acts and subordinate statutes to five on-site photographs, CCTV photographs in the course of crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [Scope of Recommendation] The punishment shall be determined as ordered in consideration of the following factors: (a) the basic area (six months to two years) (special mitigation) (the person who is subject to special mitigation] / the victim who is vulnerable to the crime (the decision of sentence] that the defendant agreed smoothly with the victim; (b) the defendant has no record of the crime; (c) the confession and repent of the crime in this case; and (d) the defendant's age, sexual behavior, environment, etc.; and (e) the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction becomes final and conclusive on the criminal facts of this case, which are sex offenses subject to registration and submission of personal information.