A defendant shall be punished by imprisonment for one year.

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 November 6, 2012, the Defendant: (a) performed a general duty in Guro-gu Seoul Metropolitan Government “D”; (b) provided an empty room or office to the victim E (the age of 14) with an empty room or office; and (c) provided that the victim was a person inside the office bed under the influence of alcohol at around 05:00 on November 6, 2012, the Defendant: (a) confirmed that the victim was diving; (b) confirmed that the victim was diving; and (c) laid down the chest by putting him/her away from the body above the victim; and (d) provided that the victim was able to sleep.

Accordingly, the Defendant committed an indecent act on a child or juvenile in a state of impossibility to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 299 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with labor for one year to 30 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the punishment [the types of decisions] shall be included in the categories of recommendations [the scope of the recommended and recommended punishment shall be included in the categories of two, on the grounds that there is no person [the person subject to forced indecent conduct, such as forced indecent conduct by blood and intrusion into residence] (the scope of the recommended and recommended punishment] basic area, one year and eight months to three years and four months [the scope of the punishment and recommended punishment shall be reduced to 2/3]; and the minimum and the upper limit of the sentence shall be reduced to 2/3];

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime in this case committed by the defendant by taking advantage of the juvenile's resistance impossible condition that the defendant is vulnerable to the crime, which may have an adverse effect on physical and mental development by distorted the sexual concept of the juvenile who has not been properly established.