A defendant shall be punished by imprisonment for not more than ten 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 March 20, 2016, around 01:10, the Defendant committed an indecent act against the victim E (57 years old) in a victim E- (57 years old) room or on the water surface room located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and on the other hand, the Defendant committed an indecent act against the victim by breaking the victim’s sexual organ with his own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on investigation (report on the situation of dispatch to the scene);

1. Each 112 Report Processing Table (the defendant and his defense counsel asserted to the effect that the defendant's sexual organ was fluenced in the process of leaving the fluence or the surface of the water, and that the defendant's sexual organ was not shakingd against the victim's sexual organ intentionally by indecent conduct.

However, the witness E’s statement is recognized as credibility in a specific and important part, and the victim reported the crime of this case for the purpose of harming the defendant otherwise.

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Protection and Observation of Orders and the Punishment, etc. of Sexual Crimes (the scope of recommended punishment) is that there is no person subject to special mitigation [the decision of sentence] [the person subject to special mitigation] in the basic area (six months to two years] (the person subject to special mitigation] (the decision of sentence], the fact that the majority used the victim's sexual organ and the victim's sexual organ in the door or on the water surface used by him/her, and that there was a very poor character of the crime in light of the degree of sexual deliberation, the degree of sexual deliberation of the victim's sexual organ and the circumstances before and after the crime, etc., and the fact that there is no attitude that the crime was committed entirely against the wrong.

However, there is no history of sex offense, family relationship of the defendant, other circumstances under Article 51 of the Criminal Act, and the scope of recommendations according to the sentencing guidelines.