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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On February 11, 2013, at around 03:55, the Defendant discovered the victim E (here, 20 years of age) who was diving in the Dogle or the third floor water surface located in Si, Si, Si, Gyeong-nam, and had the mind to commit an indecent act by taking advantage of the state of being unable to resist due to sleep.

After enjoying in the victim's side, the defendant took the victim's hand by hand, and added the victim's hand into the defendant's boom, and had the victim spread his sexual organ.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act and Articles 299 and 288 of the Criminal Act, the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (including the situations favorable to the accused and the fact that there is no criminal record of imprisonment without prison labor or heavier punishment among the reasons for sentencing below);

1. The main sentence of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before probation and order to complete a program (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply);

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to disclose is issued;

1. Where a conviction becomes final and conclusive on the facts of a crime subject to registration of personal information under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which a notification order is issued, the Defendant constitutes a person subject to registration of personal information under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information

According to the sentencing guidelines for sentencing, six to two years are recommended to be sentenced to imprisonment for the accused (see, e.g., recommendation to the basic area of the type of crime (see, e., “victims vulnerable to criminal conduct” as special factors, and “where the exercise of punishment is significantly weak” as special mitigation factors). The accused is against the Defendant.