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

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

Punishment of the crime

On August 7, 2020, from around 03:01 to 03:05 on the same day, the Defendant discovered the victim D (the age 21) who sits in the event while drinking, drinking, drinking, leaving the body and leaving the mind, and then became able to confirm whether the victim was able to do so. However, the Defendant tried to force the victim by using the victim's buckbuck state where the victim's response was entirely impossible, and tried to commit an indecent act by force using the victim's buck condition where the victim's chest was able to do so. The Defendant sent the victim's chest into the clothes on the victim's face and took the victim's chest as his hand, her finger, breast, buckbuck, and bucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, disclosure order, disclosure order, and anticipated side effects of the Defendant’s disadvantage due to disclosure order, prevention of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims thereof, there are special circumstances where the Defendant’s personal information may not be disclosed or notified.