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

Defendant

On January 3, 2014, at around 12:17, 2014, the requester for probation order (hereinafter referred to as the "defendant") committed an indecent act by force against the victim E (the victim 24 years old) who is of intellectual disability 1 in E-mail D physical training room in Ischeon-si, Leecheon-si, with a view to making a prompt indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of E;

1. Each counseling record with respect to E and F;

1. CCTV photographs;

1. Application of statutes on welfare cards;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal record exists) recognized as recorded, and other circumstances such as profits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects resulting therefrom, it is deemed that there is a special circumstance that the Defendant shall not disclose or notify the Defendant’s personal information of this case] where the conviction of the Defendant is finalized, and thus, the Defendant is subject to registration of personal information of this case pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.