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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On June 18, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for larceny, etc. from the Busan District Court’s Branch Branch, and the judgment became final and conclusive on February 14, 2015.

[Criminal facts]

1. The Defendant violated the Act on the Protection of Children’s Juveniles against Sexual Abuse (a quasi-voluntary indecent act) committed an indecent act at a public place in the Incheon Gyeyang-gu Incheon Gyeyang-gu’s “C private house” on December 2, 2013, according to the evidence indicated in the judgment, there is no water surface room in the above private house, and the victim D also committed an indecent act at an investigative agency’s official location.

Since the statement was made (23 pages of the investigation record), some of the facts charged was revised to the extent that there is no risk of actual disadvantage to the defendant's right of defense.

In this regard, the defendant and his defense counsel asserted that the defendant did not have been on the part of the victim D, because he discovered that the victim D (ma, 17 years of age) was diving and found that he was able to commit an indecent act against the victim, and that he was on the part of the victim, and that he was on the part of the victim D.

그러나 피해자 D은 눈을 떴을 때 피고인이 자신의 몸을 타고 올라오고 있었다고

The defendant may be deemed to have been on the top of the injured (24 pages of the investigation record), and the defendant may be deemed to have been on the top of the injured.

As a result, the Defendant committed sexual intercourse with the victim D by taking advantage of the victim D’s “unsatisfying” condition where the Defendant was locked in the indictment for the loss of the victim’s mental and physical health.

The term "mental or physical loss" means a state in which normal judgment cannot be made with respect to sexual acts due to a mental disorder or food disorder, and the term "non-entry" means a state in which psychological or physical resistance is impossible due to reasons other than loss of the body or body.

Therefore, it constitutes a state of mental and physical loss. Therefore, even if the “non-performance of right to resist” of the facts charged is changed to “loss of mental and physical health,” it is deemed that there would be no hindrance to the exercise of the defendant’s right to defense. Therefore,