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.

Punishment of the crime

At around 03:00 on November 7, 2014, the Defendant: (a) viewed the victim E (20 years of age, n) who was travelling to Jeju-do as “Dent” in Jeju Island No. 101 in Jeju-si; (b) took drinking together with his/her daily behaviors that the victim was divingd or frighted while drinking; and (c) took away earth and sand buried in the victim’s clothes; (d) made the victim’s humf by taking advantage of the victim’s condition that he/she cannot resist under the influence of alcohol; (b) frightly humf by taking advantage of the victim’s condition that he/she could not resist; and (c) humf by gathering his/her finger into Jeju-do; and (d) humf by taking off the victim’s will and panty; and (d) humfing the victim’s humf by stopping his/her finger; and (d) humfing the victim’s finger into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant Articles 299 and 297-2 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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following: (a) the Defendant did not have any criminal history; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; (c) the Defendant was living in a certain residence and was in a company; and (d) the social ties relationship is clear; (d) the Defendant committed the instant crime somewhat contingently, under the influence of alcohol; and (e) the Defendant’s personal information registration against the Defendant and taking lectures for the treatment of sexual assault, it is difficult to readily conclude that the Defendant is likely to recommit a sex crime.