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

The defendant was hospitalized in the C Hospital located in Gwangju North-gu, for the treatment of alcohol addiction, etc., and became aware of the victim D (one-eight years of age) who is hospitalized therein.

1. On February 11, 2019, the Defendant committed an indecent act by compulsion against the Act on the Protection of Children and Juveniles against Sexual Abuse by committing an indecent act against the victim by making his/her own seat fit with the view of the victim who had been in his/her seat while living and going out of the fourth floor of the above C Hospital at around 11:10.

2. Around February 15, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent pictures containing female workers' sexual organ in the victim's cell phones using the victim's cell phone text transmission function in the Defendant's dwelling in regular Eup/Myeon E at regular Eup/Myeon.

As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire, which may cause sexual humiliation or aversion through telecommunications media.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D;

1. Application of Acts and subordinate statutes to investigation reports (to attach photographs to obscenity photographs, attach communication data, attach CCTV images to damaged areas, record-recordings submitted by victims, listen to statements by wire with a specific investigative police station, such as facts of suspicion, etc.);

1. Relevant legal provisions concerning criminal facts, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of obscenity using communications media, the choice of imprisonment with labor);

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the long-term punishment of the above two crimes) of the same Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.