A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On April 2, 2014, the Defendant: (a) was a person who operates a bicycle repair store with the name of “D” in Busan-gu Busan-gu, and (b) was under the influence of alcohol with neighboring victims E (the age of 78) at the above repair shop on April 15, 2014; (c) while drinking alcohol with the victim E (the age of 78), the Defendant was willing to commit an indecent act against the victim.

At around 17:00 on the same day, the Defendant opened and intruded the victim’s house door in Busan Jin-gu, Busan, the victim “one-time Chewing defect”, and the victim’s two arms cannot be driven by forcibly, and committed indecent acts by force with the victim’s dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the investigative report (No. 6 of the evidence list);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 298 of the Criminal Act concerning the facts constituting an offense;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse that there is no history of sex offense; and the circumstances that are favorable to the grounds for sentencing, such as the circumstances surrounding the instant crime. In full view of the profits and preventive effects expected by the disclosure and notification order to the Defendant; and the disadvantages and side effects resulting therefrom, there