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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 27, 2014, at around 01:05, the Defendant: (a) entered the rest room for staff on the second floor of the above heading house in order to view the cryp, urine, etc. when drinking alcohol together with drinking, into the rest room for staff members who were on the second floor of the above heading house building; (b) discovered the victim D (at 12 years old) who was diving at that place; and (c) committed an indecent act, such as gathering the victim’s breast and fry, by drinking in the side of the victim.

As a result, the Defendant, after intrusion into the room where the victim was living, committed an indecent act against the victim by using the victim's locked state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

5. The issue of whether an order to disclose or notify information constitutes “any special circumstance that may not disclose or notify personal information” under 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 [the exception to an order to disclose or notify personal information] shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the offense, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims of sexual crimes subject to registration, etc. (see Supreme Court Decision 23 February 23, 2012).