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

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Punishment of the crime

On August 3, 2018, from around 04:30 to around 05:00, the Defendant committed an indecent act by attempting to detect the victim D (Gam) who was female in walking the way on the street in front of 106 the 106-dong apartment complex, and following the victim, followed the victim, was in the corridor of the first floor above the 106-dong apartment complex, and was sent back by the method of taking charge of the victim's chest by hand.

As above, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. 112 Application of the 112 Report Processing List and investigation report (CCTV image fix photographs) Acts and subordinate statutes;

1. Relevant Articles of the Acts and Articles 298 concerning the facts constituting the crime and the choice of punishment (the point of forced indecent conduct and the choice of imprisonment);

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defense counsel, at the time of committing the instant crime, was in a state of mental and physical weakness because the Defendant suffered from a post editing disease;

The argument is asserted.

According to the records, even though the defendant was diagnosed at the hospital after the crime, in light of all the circumstances such as the background, means, details of the crime, and the defendant's speech and behavior before and after the crime, it was found that the defendant had the weak ability to discern things at the time of the crime in this case.

It is difficult to readily conclude.

We cannot accept the above argument.

The reason for sentencing [Scope of Recommendation] The basic area (6-2 years to 13 or more) of the first type of the crime of indecent act by force (for example, indecent act by general compulsory enforcement) (13 or more) under the general standard / [Determination of sentence] The defendant is not likely to commit a crime that is committed in the judgment that is found to have been committed in the vicinity of the new wall and found the victim and followed.

The defendant is sentenced to a suspended sentence of one year for six months with prison labor for the same method of crime even in around 2016.