A defendant shall be punished by imprisonment for one year.

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 November 20, 2013, at around 19:00, the Defendant, while drinking alcohol together with the victim E (n, 16 years of age) who was aware of the usual in D cafeteria located in Bupyeong-gu Incheon Metropolitan City, she laid the victim, who was unable to know the trade name in the vicinity of the restaurant, and made the victim’s clothes, who was deprived of consciousness, out of all the clothes of the victim, who was unable to know the trade name in the vicinity of the restaurant.

As a result, the defendant committed indecent acts against the victim by taking advantage of the victim who was a child or juvenile who was unable to resist because he/she was unable to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 29 and 298 of the Criminal Act concerning criminal facts;

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 extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment of conviction is finalized on the instant criminal facts of which personal information is registered in accordance with the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (where it is determined that there are special circumstances in which the disclosure or notification of personal information should not be disclosed or notified in full view of the following: the Defendant’s age, occupation, type and motive of the instant crime; the process and consequence of the instant crime; the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; and the prevention effect of sexual crimes subject to registration that may be achieved therefrom, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.