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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is between the victim C (n, 22 years of age) and the non-employee relationship.

On December 28, 2014, at around 05:30 on December 28, 2014, the Defendant drinked alcohol with the victim at the home of the Defendant at Guro-gu Seoul Metropolitan Government D and 104 501 dong 501, and committed an indecent act by force against the victim by putting the victim's chest into the victim's inner bed, making the victim's knife by taking the victim's knife inside the victim's inner bed, making the victim's knife, raising the victim's knife into the victim's panty, putting the victim's finger into the victim's knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing field documentary evidence photographs;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Whether a case constitutes “any special circumstance to not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification orders, 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 shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the risk of recidivism, the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification orders, the preventive effects of the sexual crime subject to registration, the protection effect of the victims of the sexual crime subject to registration, etc.

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). The aforementioned legal doctrine and the Defendant’s environment, social relationship, and criminal record.