A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On July 22, 2014, around 02:40 on July 2, 2014, the Defendant intruded on an inner room where the victim D (n, 62 years of age) was in Guro-gu Seoul, and received the victim’s mind to report and engage in an indecent act, and then, the Defendant committed an indecent act on the part of the victim by inserting the victim’s hand by inserting his hand into the mast in which the victim was suffering.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Whether a case constitutes “any special circumstance that may not disclose or notify the personal information” provided for in Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the case where the disclosure or notification order may be determined” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure or notification order, effects on the prevention of sexual crimes subject to registration, effects on the protection of victims of the sexual crimes subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).