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

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

Punishment of the crime

1. On July 22, 2014, at around 03:05, the Defendant committed an indecent act against the victim by taking advantage of the victim’s defective condition of body and mind in a manner that, within 102 and 1213, the residence of the victim D (the age of 55) located in Young-gu, Busan, the Defendant: (a) deemed the victim under the influence of alcohol; (b) held the victim under the influence of alcohol; and (c) held the victim’s sexual organ by inserting his hand into the victim’s pantyty; and (d) putting the victim’s sexual organ into a state of mental disorder

2. On August 9, 2014, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental health condition at the place described in paragraph (1) at around 03:07, as above.

3. On December 29, 2014, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical condition at the place described in paragraph (1) at around 01:06.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.