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.

Criminal facts

At around 02:00 on November 16, 2012, the Defendant opened and intruded into the “E” restaurant operated by the victim D (n, 46 years of age) located in Ulsanbuk-gu C, Ulsan-gu, the Defendant committed an indecent act on the part of the victim by using the victim’s condition that the victim was divingd because he was able to do so in a timely manner after reporting the victim who was diving at the place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. Reasons for sentencing under Articles 37(1)1 and 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Public Disclosure and Notification Orders [the scope of punishment] : (a) 2 years and 6 months to 15 years [the period of punishment ] ; (b) 2 years and 3 years from 6 months to 15 years [the period of punishment ; (c) ; (d) - Where the exercise of tangible power is considerably weak; (d) - In cases where the exercise of such force is considerably weak, no penalty is imposed - General mitigation element - (the range of recommending punishment ] 1 year and 6 months from 6 months from 3 years (the range of recommending punishment ] imprisonment - (the minimum period of sentencing recommended by the sentencing guidelines ; (d) ] 3 years from 2 years and 6 years from 3 years from ] imprisonment with prison labor; (e) whether or not a suspended sentence of imprisonment with prison labor for the defendant is clearly obvious that there is no previous type of crime and no previous one-year punishment.