A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

In the state that the Defendant, on June 27, 2015, lost the ability to discern things or make decisions due to the net type of illness, the Defendant discovered that the Defendant is prone in front of the Incheon Gyeyang-gu apartment complex, and found the victim D (V, 57 years of age) and caused the desire of the victim to face with the vehicle parked in the same place by hand, and caused the desire of the victim to face with the vehicle parked in the same place, the Defendant moved over the ground floor and turned down both chests of the victim by hand.

As a result, the Defendant’s indecent act by force against the victim and forced the victim to commit an indecent act is indicated as “three weeks” in the indictment, but it is evident that it is a clerical error in the “two weeks” in light of the records of this case, in particular, the evidence record 53 pages.

Along with the need for the treatment between the parties, he/she suffered satisfy inception, etc.

Summary of Evidence

1. Witness D and E each testimony;

1. A protocol of seizure and a list of seizure;

1. Medical certificate (Evidence 53 pages);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to be careful and careful. The following circumstances recognized in the record, the defendant appears to have caused the crime of this case in the state of mental and physical weakness, the defendant is an initial offender who has no record of criminal punishment, the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, the registration of personal information, and the taking lectures to treat sexual assault.