A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 14, 2019, the Defendant: (a) around 23:00 on May 23, 2019, at the victim B (name, 22 years of age) located in Seongdong-gu Seoul Metropolitan Government’s residence, (b) taken the victim from drinking and drinking alcohol into his house; and (c) exempted the victim’s clothes locked in the bed, and (d) took the victim’s sexual organ rapidly with his hand, and (e) took the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the police officer protocol;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning

An order for disclosure or notification shall not be issued to the accused pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

The reasons for sentencing are disadvantageous.