A defendant shall be punished by imprisonment for not less than eight 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

On December 24, 2016, the Defendant found out the victim D (V, 21 years old) in soup room in Pyeongtaek-si B, at around 03:30 on December 24, 2016, the Defendant collected losses from the victim's side, and stored them in the victim's boom.

Accordingly, the defendant committed an indecent act against the victim in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. An indecent act committed by a female sexual organ at the room of a sobry female body under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is heavier than the criminal liability.

The Defendant did not receive a letter from the injured party.

Provided, That the sentence shall be determined by taking into consideration the circumstances, such as the fact that the defendant has no criminal record, the contingent crime, and the fact that the crime is divided.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.