The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On September 22, 2019, the defendant, around 02:00, placed the victim D (one person, half person, and twenty years of age) under the influence of alcohol in a bit lease in Gwangju Mine-gu, Gwangju, a residential area of the defendant, on September 22, 2019, and committed an indecent act against the victim's hand by continuously bringing the victim's hand to the defendant.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (type 1) [the person under 13 years of age or older] - General indecent act by compulsion [the person under 13 years of age or older] - The mitigated element: The victim who is vulnerable to the crime (the area of recommendation and the scope of recommendations): the basic area of the victim [the scope of recommendations and recommendations], six months to two years of imprisonment [the general person] - The mitigated element: the serious reflectr - the use of personal trust relationship - The use of a serious pride factor - The main reason for non-compliance with punishment -

3. Determination of sentence: To be convicted of the facts constituting the sex offense subject to registration, which constitutes a sex offense subject to registration, eight months (two years of suspended execution of sentence) of imprisonment;