A defendant shall be punished by imprisonment for not less than one year and six 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

On February 3, 2014, the Defendant: (a) around 01:00, at the “E” bank located in the Namdong-gu Incheon Metropolitan City D7th, the victim F (n, 21 years of age) who is a member of the Dong Ri, took the victim’s body from the drinking house to the above EVD bank; (b) took the victim’s body from the drinking house; and (c) took the victim’s clothes up to the victim’s clothes by taking advantage of the victim’s state of refusal to resist under the influence of alcohol; and (d) took the victim’s breast part of the Defendant’s body into the victim’s sexual organ by inserting the Defendant’s finger into the victim’s sexual organ, and inserting it into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F (including the G statement) and H;

1. The application of Acts and subordinate statutes to any report on internal investigation and any investigation report, investigation report (victim's medical records), investigation report (the result of the appraisal of oral cells), investigation report (an investigation of an employee of the DoVD Art Abane), investigation report (abstintion of written opinions) and criminal investigation report (ab

1. In light of the facts charged, “Article 298 of the Criminal Act” as stated in the column for the applicable provisions of Article 299 of the Criminal Act concerning criminal facts is a clerical error in the “Article 299 of the Criminal Act”.

Article 297-2

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; Article 49(1) proviso and the proviso to Article 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 sexual assault crimes prior to the instant crime; the Defendant has committed the instant crime against his/her wrong act; the Defendant has committed a second offense against his/her wrong act; in light of the circumstances leading up to the instant crime, the Defendant’s age, and social ties.