The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant, while Ansan-si around 19:51 on April 12, 2017, found the Defendant to have a defect in drinking water to the victim D (tentative name, female, 14 years old) who caused the Defendant to go out of the elevator before the elevator, which was an apartment of 109 3-4 dong C, 109 dong-gu.

By doing so, the victim was faced with the victim's grandchildren and the victim's grandchildren twice.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Each investigation report (Evidence List No. 1, 4, and 6) [Defendant and defense counsel claim that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case. Thus, according to each of the above evidence, it is acknowledged that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case. However, in light of the circumstances leading to the instant crime, the Defendant did not appear to have reached a state where the Defendant was in a state of lacking or lacking the ability to discern things or make decisions due to drinking at the time of the instant crime, and the Defendant committed the said sexual crime in a state of mental disorder caused by drinking alcohol.

Article 10(1) and (2) of the Criminal Act on the Reduction and Exemption of Punishment pursuant to Article 19 of the Act on the Protection of Children and Juveniles against Sexual Abuse may not be applied. Thus, the defendant and his/her defense counsel’s assertion shall not be accepted.

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (Confinement in a workhouse: 100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (The following circumstances considered in favor of the reasons for sentencing):

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from order to complete programs;