A defendant shall be punished by imprisonment for four 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

Around 17:40 on September 25, 2013, the Defendant, at the C Hospital recovery room where the Defendant was working as a anesthesia nurse, was in charge of a anesthesia surgery, and the Defendant d (24 years old) who was working in the above recovery room to wait for the anesthesia of anesthesia after undergoing a franchising surgery, was in charge of the victim’s left chest and buckbucks.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

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

1. Relevant legal provisions concerning criminal facts, the choice of punishment, Articles 299 and 298 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant has the history of punishing the Defendant for the same sex offense, the fact that the Defendant committed an indecent act against the patient in the state of anesthesia is disadvantageous, and the fact that the Defendant is against the time of committing the offense, and that the victim did not want the punishment against the Defendant under the agreement with the victim is more favorable. The punishment shall be determined within the recommended range of the sentencing guidelines by taking into account all the factors such as the method and result of the offense in this case, the circumstances after committing the offense, the age, character and conduct of the Defendant, and family environment.

Since a judgment of conviction was rendered against a defendant who registered personal information as a quasi-indecent act by compulsion, the defendant is obligated to submit personal information to a related agency as prescribed by Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if such judgment becomes final and conclusive.

The defendant is exempted from an order of disclosure or notification.