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.

Criminal facts

The facts leading to medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") found the victim D (16 years of age) walking along the Seo-gu Incheon Metropolitan City road on June 21, 2013, while the defendant and the requester for medical treatment and custody lack the ability to discern things or make decisions due to excessive drinking. On June 21, 2013, the defendant and the requester for medical treatment and custody found the victim D (16 years of age) walking along the roads in front of Seo-gu Incheon Metropolitan City, and forced the victim to commit indecent acts in both arms.

[Facts that cause a medical treatment and custody] The defendant has a certificate of alcohol existence, and the above crime was committed under the condition that the ability or decision-making ability to discern things is deteriorated due to excessive drinking, and there is a need to receive medical treatment at the medical treatment and custody facility and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation;

1. The need for the treatment of the case and the risk of recidivism: The above evidence and each investigation report (to listen to the statement of the F director of the E Hospital), and the following circumstances acknowledged by each statement in the opinion, namely, ① the defendant complained of a patient with a disease after alcohol use dependence; ② the defendant complaining of a decrease in the ability to control drinking, a aggressive behavior after drinking, etc. on December 31, 2012; and was hospitalized in the E hospital, but continued to release the defendant from the hospital; ② the crime of this case was committed after the defendant was discharged from the above hospital; ③ the defendant was rehospitalized at the above hospital on June 26, 2013; ④ the doctor's opinion diagnosed the defendant on October 14, 2013; and ④ the possibility that the defendant's ability to control the treatment and rehabilitation is no other special problem, and thus, it is possible that the medical treatment and rehabilitation of the hospital should be refused.