A defendant shall be punished by imprisonment for six months.

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

At around 17:35 on May 30, 2012, the Defendant tried to take a body against his will, such as the part of the victim’s sexual organ, which might cause sexual humiliation or sense of shame, into the front floor of the building B in Ulsan-gun, Ulsan-gun, the first floor of female toilet disabled person, and around 17:57 on the same day, the Defendant attempted to put the victim C (the age of 73) in the side side gate of the above toilet to the front side gate, and to take the body against his will, such as the part of the victim’s sexual organ, which could cause sexual humiliation or sense of shame, in which the victim’s sexual organ cannot reach that part.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A written statement of C and D;

1. Each protocol of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 14 and Article 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) applicable to the relevant criminal facts and the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on which punishment is selected;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to complete Training;

1. The defendant in the reason of sentencing under Article 48(1)1 of the Criminal Act requires the selection of imprisonment with prison labor in consideration of the fact that he/she was punished by a fine for a crime of spreading obscene materials through an information and communications network and the fact that he/she attempted to take photographs at a toilet or a public place in addition to this case;

However, the crime of this case itself shall be suspended by taking into account the fact that the attempted crime was committed, and the probation and the order to complete the sexual assault treatment program shall be added in consideration of the risk of recidivism.