A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

From February 26, 2017 to around 07:30 to around 14:30 to the house of the victim D (28 taxes) located in C in C, the Defendant got into the part of the victim under the influence of alcohol due to the room in which the victim is under the influence of alcohol, and then boomed the victim's sexual organ by hand, skeing the victim's sexual organ, and boomed the victim's sexual organ.

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 with regard to D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (amended by Act No. 62 of the Criminal Act for the following reasons);

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

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 (an order to disclose or notify the registered information may have a significant impact on the accused, and thus, it is necessary to pay careful attention to such an order.

The defendant has no history of sex offense, and in this case, the risk of recidivism can be reduced by registering personal information and taking lectures for sexual assault treatment.

In light of other circumstances, such as the defendant's age, sex, family environment, and social relationship, the effects of preventing sexual crimes, which can be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the defendant may suffer, are relatively larger.

Comprehensively taking account of the fact that it is difficult to see that there are special circumstances to not disclose or notify the personal information of the defendant, it is reasonable to see that such special circumstances exist)

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).