A defendant shall be punished by imprisonment for 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

At around 16:10 on June 29, 2018, the Defendant, at the emergency department of the C Hospital located in Dongdaemun-gu Seoul Metropolitan Government, committed an indecent act by force against the victim D (one person, two-six years of age), who was being treated as a nurse, on his own hand, while being treated as a nurse.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D;

1. A complaint filed for the issuance of a DNA;

1. The CD in which the crime scene is recorded (a fact that there was an act recorded in the judgment of the defendant and his defense counsel was recognized, but the victim was physically contacted while under the influence of alcohol at the time, and is not an act with intent to commit an indecent act. However, in light of the appearance of indecent act and indecent act as indicated in the evidence above, the occurrence place of the case, the relationship between the defendant and the victim, the defendant's situation at the time, etc., the above argument is not accepted. Thus, the defendant's indecent act is sufficiently recognized, and the above argument is not accepted).

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The crime of this case on the grounds of sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (amended by Act No. 11, Dec. 11, 2018), and Article 59-3(1) of the Act on Welfare of Persons with Disabilities was committed by the Defendant in an emergency room where the Defendant received medical treatment at the hospital’s emergency room, and only took the chest of the victim who was the victim’s own nurse, and the crime of this case was fright to take account of sexual humiliation

However, the defendant is a primary offender who has no criminal punishment power so far, has been treated for a long time due to symptoms such as alcohol addiction, and is currently hospitalized in a hospital, and other cases, such as the defendant's age, character and conduct, environment, family relationship, and conditions before and after the crime.