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

피고인은 2019. 7. 26. 22:00경 인천 남동구 B 5층 호에 있는 피고인의 주거지에서 피해자 C(가명, 여, 17세)을 포함한 지인 5명과 함께 술을 마시다가, 다른 지인들은 모두 귀가하고 피해자만 술에 만취하여 그곳 침대에 누워 잠들어 있는 것을 보고, 피해자의 옷을 모두 벗긴 다음 가슴과 음부를 손으로 만지고 피해자의 음부를 입으로 핥았다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or non-ffort condition.

Summary of Evidence

1. Application of this Act and subordinate statutes to extract the records of video recording C in the statement of the defendant's legal statement, the photographs of damaged parts in the list of 112 reported cases, and the creation of field CCTV images;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;

1. Article 62(1) of the Criminal Act (the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse), which provides for a suspended sentence for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing), is repeated for a favorable reason among the reasons for sentencing;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The Defendant, prior to the instant case, had no record of having been punished for a sex crime, and it is difficult to readily conclude that the Defendant had the risk of recidivism of a sexual crime or recidivism in light of the circumstances leading up to the crime, etc., of having committed a crime, is subject to a suspended sentence of imprisonment with labor for the Defendant.