A defendant shall be punished by imprisonment for one year.

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

On August 11, 2018, at around 03:00, the Defendant, at the C Camping site in Gohap-gun B, around 03:0, placed his fingers into the victim’s sexual flag, by inserting his fingers together with his own children, victims E (n, 29 years old) and their children, who was diving in a tamping area.

Accordingly, the defendant committed an act of inserting the fingers in the victim's sexual intercourse by taking advantage of the victim's mental or physical condition of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (including the sequences 5, 7, 8, 10, 11, 12 of the evidence list), recording in writing, and recording;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family environment, social ties relationship, criminal record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the accused’s disadvantage due to the accused’s age, occupation, family environment, social ties relationship, criminal punishment, disclosure order or notification order, and the effectiveness

1. Article 56(1) main sentence of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).