A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is the husband of the victim C (the family name, the female, the age of 25) who is a family member with the husband of the victim C.

On April 16, 2017, the Defendant, under the influence of alcohol at the central entrance of Ulsan-gun D building 103:25, Ulsan-si, Ulsan-si, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim’s condition that he was unable to resist properly due to the influence of alcohol by inserting the victim’s left hand, after having the victim board the elevator, and having both chest and panty knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order [The defendant's defense counsel] argues that the defendant was in a state of mental or physical loss or mental weakness due to drinking alcohol at the time of the crime of this case, but according to the evidence as seen above, although the defendant was somewhat drinking at the time of the crime of this case, it is not recognized that the defendant did not have the ability to discern things or make decisions, and thus, the above assertion is rejected.

The reason for sentencing [Scope of Recommendation] There is no person who does not have the basic area (six months to two years) (the person who is subject to special sentencing) of the first type of the crime of indecent conduct by force (the target of 13 years or more) (the person who is subject to special sentencing) [decision of sentence] The defendant has a strong degree of indecent conduct, such as making a victim's chest who has been vulnerable to the crime under the influence of alcohol several times and holding his fingers in the panty, and making the victim's fingers together in the panty, and it appears that such strong degree of indecent conduct and the victim's spouse, who is the defendant-friendly spouse, are suffering from serious mental distress due to the above characteristics of the relationship.