A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 4, 2015, the Defendant, at around 10:00, committed an indecent act against the victim, who was under the influence of alcohol by making use of the gap that does not see others, while playing together with the Defendant’s friendship D, E, and E’s friendship victim F (n, 31 years of age) in the Defendant’s dwelling room located in the Gangnam-gu Seoul building, and the Defendant’s dwelling room located in the sixth floor, with the Defendant’s friendship D, E, and E’s friendship victim F (n, 31 years of age).

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s mental and physical loss or incompetence.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Entry of each part of the protocol concerning the examination of the suspect in the prosecution or the police against the defendant;

1. Application of recording records and record CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [type determination] - Type 1 (Special Indecent Acts in Forced (In the event that the exercise of force is considerably weak, it is not possible to impose punishment) - mitigated factors (in the event that the exercise of force is considerably weak, it is not possible to impose punishment) - mitigated factors [the scope of recommended punishment] mitigated area / [the scope of recommended punishment] 1 month to 1 year [the scope of recommendation] mitigated area / Major factors / Major factors : negative (in the event that the exercise of force is significantly weak in the course of forced indecent acts, it is not punishable), positive (in the event that the exercise of force of force in the course of forced indecent acts is significantly weak) - General reasons for sentencing: positive (no previous and subsequent criminal records are recorded) - General grounds for sexual crimes: the defendant is obliged to submit personal information about a suspended sentence of imprisonment for a period of 2 years and 3 years, etc.