A defendant shall be punished by imprisonment for not more than ten 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 11:00 on January 11, 2019, the Defendant, within a soup set of “C” in Daegu Suwon-gu Suwon-gu B, takes advantage of the victim D(20 years of age) of making soup, making soup, and taking advantage of the victim’s appearance, etc., when the victim’s taking soup was exposed, the Defendant divided the part of the victim’s soup Banbd, which was short of the victim’s taking advantage of his fingers, into his fingers, and turned out once the victim’s soup Banbd part was divided into his fingers.

Accordingly, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order or order to attend a lecture;

1. The Defendant committed the instant crime even though he/she was sentenced to a summary order of KRW 4 million due to quasi-indecent act on October 31, 2013 due to the commission of an indecent act by force on June 20, 2017, under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities; and Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

However, the fact that the defendant reflects his mistake, the part and degree of indecent act do not relatively heavy, and the fact that the defendant agreed with the victim is considered as favorable to the defendant, and the sentencing conditions on the records, such as the defendant's age, character, conduct, occupation and family environment, shall be determined as per Disposition in consideration of various circumstances, which are the conditions for sentencing as shown in the records.

When a conviction on a sex offense subject to registration becomes final and conclusive, the accused shall be punished, etc. of sexual crimes.