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

On May 1, 2016, at around 05:30, the Defendant: (a) was in the residence of the victim E (the name, am, 50 years of age) and the victim F (the name, am, am, and 25 years of age) in Daegu-gu, Daegu-gu; (b) opened a gate that is not corrected in the state of her clothes and intrudes into the inner bank; (c) discovered that the victims were lockedly accumulated; and (d) rhumping the victim E’s left chest into the clothes with the victim E’s clothes; and (d) humbling the victim F.

Accordingly, the defendant committed an indecent act against the victims by taking advantage of their state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts and the choice of punishment for each sexual crime;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against E with heavy circumstances);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

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; the Defendant’s personal information registration; and participation in sexual assault treatment alone appears to have a certain degree of expectation to prevent recidivism; and the Defendant’s age, family environment;