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 September 1, 2015, around 00:10, the Defendant discovered the victim E (the 24 years old) who frightened and sited with a breathing dog near Dongdaemun-gu Seoul, Dongdaemun-gu, with the intent of committing an indecent act against the victim, she was frighted by the victim, she was inside the cab, she was inside the gel located in Dongdaemun-gu Seoul, Seoul, with the victim's clothes around 00:45 on the same day, and she was frighted by the victim's clothes in front of the gel located in Dongdaemun-gu Seoul, Seoul, and her breast was frighted by continuously inserting the victim's fingers.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the reasoning of sentencing [the scope of recommended punishment] The crime of this case, which committed an indecent act in the basic area (6 months to 2 years) of the first type (general indecent act) under the general standard of sentencing, by taking advantage of the victim's perception that it is impossible for him to make a resistance, is an indecent act, and the course and degree of the indecent act.