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 this judgment becomes final and conclusive.

Punishment of the crime

On June 6, 2019, at around 01:47, the Defendant committed an indecent act by taking out the Defendant’s sexual organ back after the victim C(here, 62 years of age) who was locked from the floor at the 3rd soup of the 201th floor of the building B in Gyeonggi-si, 2019, and taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Application of CCTV-recording video CDs-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. In full view of the following circumstances: (a) the disclosure order, notification order, and notification order, Articles 47(1) and 49(1)2 and 50(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the fact that the Defendant recognizes and reflects the instant crime; (c) the Defendant seems to have committed a crime with mental retardation without delay; (d) the fact that the Defendant appears to have reached an agreement with the victim; (d) probation, registration of personal information, and taking lectures in the treatment of sexual assault, the fact that the Defendant’s age, occupation, family environment, social relationship, criminal record, and recidivism; (d) the risk of recidivism; and (e) the benefits and effects expected by the disclosure order and notification order of this case; and (e) the disadvantages and side effects therefrom, etc., the disclosure of the Defendant’s new information may not be announced.

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).