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

At around 02:00 on December 8, 2019, the Defendant found the victim D (the age 21) who lost his mind and was sitting in the event under the influence of alcohol on the front side of the club “C,” located in Mapo-gu Seoul Metropolitan Government, and found the victim D (the age 21). The victim Da was seated next to the victim, and the victim was knicked by knife inside the part of the victim, and the victim’s buckbucks.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations of witnesses) and investigation reports (crime prevention reports in Mapo-gu Office 671 video analysis);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (only taking courses in the registration of personal information against the accused, probation, and sexual assault treatment) appears to have an effect to prevent recidivism to a certain extent. In addition, considering the Defendant’s age, method and method of committing an offense; the result, the degree and anticipated side effects of the Defendant’s entry by the disclosure or notification order; and the prevention effect of sexual crimes that may be achieved therefrom, it is deemed that there are special circumstances in which the Defendant’s personal information may not be disclosed

1. The grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;