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 July 13, 2014, the Defendant, at around 02:30 on July 13, 2014, 02: (a) in the Defendant’s residence located in the Dosan-si, the Defendant had a mind to commit an indecent act against the victim D (n, 16 years of age) who was under the influence of alcohol; (b) was under the influence of the victim; (c) was under the influence of the victim; (d) was under the influence of the victim; and (d) her chest was under the victim’s panty line by inserting his body into the victim’s panty line; and (e) her sexual part was set up under the victim’s upper part on the part above the part of the victim’s body.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 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. Where a guilty verdict is issued as to whether to issue an order to disclose or notify the criminal facts in the judgment on whether to issue an order to disclose or notify the information under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information of Children and Juveniles (the case where a conviction is finalized on the criminal facts of this case, which are sex offenses subject to registration) under Article 21(2) and the main sentence of Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, an order to disclose or notify should be issued simultaneously pursuant to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, it is difficult to readily conclude that a criminal defendant is in danger of re-offending in light of the fact that the criminal facts of this case are recognized and the victim does not want the punishment of the criminal