A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a small father of the victim D (n, 17 years of age) who resides together with the victim E in leisure time.

On August 8, 2016, at around 23:50, the Defendant committed an indecent act against the victim by reporting that the victim was locked by suffering sports slabs and reflectors at the victim’s residence, with the intent of forcing the victim to commit an indecent act by force. The Defendant committed an indecent act against the victim by taking the victim’s own musical parts back to the victim.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to F;

1. Contents of text messages, on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to details of telephone conversations between witnesses);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an order to attend a lecture or community service

1. Determination as to the assertion of the Defendant and the defense counsel on the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sex offense; and (c) the Defendant committed the instant crime with no risk to multiple and unspecified persons; and (d) Articles 50(1) proviso and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) the background leading up to the instant crime; (e) circumstances after the instant crime; (e) profits and preventive effects expected by the disclosure order or notification order; and (e) the degree of disadvantage and anticipated side effects of the Defendant’s personal information