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.

Punishment of the crime

On June 28, 2014, around 23:10 on June 28, 2014, at the defendant's model D's house located in Gangseo-gu Seoul Metropolitan Government C apartment 303 Dong 907, the defendant's knife victim E (V, 26 years old) has flife TV and flife TV, and the defendant has knife his fingers together with his hand by inserting his hand into the clothes of the victim.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist due to locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Family relation certificate:

1. On-site photographs;

1. 112 Application of the reporting content CD-related Acts and subordinate statutes;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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) and Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The issue of whether an order to disclose or notify personal information constitutes “any special circumstance that may not disclose or notify personal information” under 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, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify, the prevention effect of sexual crimes subject to registration, the effect of preventing sexual crimes subject to registration, and the effect of protecting victims from sexual crimes subject to registration, etc.

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). Murder, the Defendant has no record of punishment for sexual assault crimes.