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.

Criminal facts

The defendant of "2013 Man-Ma461" is a business owner who operates the EM in the second floor in Daejeon-dong-gu Daejeon, Daejeon, and the victim F (V, 23 years old) is an employee of the above EM.

At around 04:00 on August 13, 2013, the Defendant discovered that the victim was under the influence of alcohol and attempted to commit an indecent act against the victim at the same time. On the back of the victim, the Defendant was able to look at the victim’s chests, and her fingers entered the victim’s chests into the victim’s panty, and her fingers were collected once into the part of the victim’s panty.

Accordingly, the Defendant committed an act of containing part of the body such as fingers, etc. in the victim’s sexual intercourse by taking advantage of the victim’s state to resist.

Summary of Evidence

1. Defendant's legal statement;

1. F the application of the Acts and subordinate statutes governing the statement statement made by the prosecution;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order and

5. In full view of the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant committed the instant crime contingently; (c) the Defendant’s social ties are clear; and in this case, the Defendant’s personal information registration and participation in sexual assault treatment alone appears to have an effect to prevent recidivism; and (d) the Defendant’s personal information is deemed to have been disclosed and notified. Therefore, the Defendant’s personal information is not subject to disclosure and notification.