A defendant shall be punished by imprisonment for not less than eight 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 December 2, 2017, from around 06:02 to 07:04 on the same day, the Defendant: (a) made soup crying in Suwon-si B; (b) made soup crying, using those parts of the victim D(19) who was divingd at that place, thereby breaking the victim’s sexual organs on the Defendant’s bridge; (c) putting the victim’s chest on his/her hand; and (d) putting the victim’s finger on his/her part, thereby making up the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a investigative report (verification of CCTVs) and to a CCTV image-cape photograph;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for the observation of protection, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. There is no basic area (6 months to 2 years) (special person subject to sentencing) in the first category (general indecent act in force) of the crime of indecent act committed on the basis of the general standard of the sentencing criteria (the scope of recommended punishment)

2. Although the Defendant has long been sentenced to punishment, the Defendant committed an indecent act against the same-sex under the age of 21 in 2001, and committed an indecent act against the same-sex in the water surface room in 2001, and was sentenced to a fine of KRW 1,00,00,000. In addition, the Defendant committed the instant crime, even though the Defendant was sentenced to the suspension of the execution of imprisonment three times due to the crime of this kind, but again, committed the instant crime. The Defendant committed an indecent act against the victim who became an adult, the victim seems to have caused considerable sense of sexual humiliation and disple

The time of indecent conduct by Defendant 1 reaches one hour, and the degree of indecent conduct is also more severe.

However, the Defendant recognized the crime of this case and opposed to it.

The defendant shall be excluded from the above fine before 17 years have elapsed.