A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Criminal facts

On October 12, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a quasi-indecent act by force at the Seoul Central District Court on April 12, 201, and is still under a suspended sentence.

On May 23, 2014, around 05:30 on May 23, 2014, the Defendant committed an indecent act against the victim by taking advantage of the victim E’s condition to resist, making soup and making soup at a soup room located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu, by taking advantage of the victim’s condition to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (verification during the period of suspension of suspect execution and attachment of the same kind of judgment);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Reduction elements of types 1 (general person who is a person under the age of 13) and reduction elements of indecent act by indecent act: In cases where the degree of indecent act is weak [decision on the recommended field] mitigation area [the scope of recommending area] mitigation area [the scope of recommending punishment] 1 month to one year; and

3. Determination of sentence: In light of the fact that the defendant in six months of imprisonment was sentenced two times to a fine in 2004 for the same crime; that the defendant was sentenced to a suspended sentence of imprisonment in 2012; that the defendant committed the crime of this case with the same law without being aware of it during the suspended sentence period, a sentence of sentence against the defendant is inevitable.

However, the defendant's confession and reflects the crime of this case, and the degree of indecent act is relatively not more severe.