2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

On June 26, 2015, the Defendant “D” in Mapo-gu Seoul Metropolitan Government on June 26, 2015, in front of the frequency of the trade name “D” in Mapo-gu, Seoul, would be good for the Victim E (V, 25 years of age).

An indecent act was committed on the part of the victim by making the victim fit with the good faith.

Summary of Evidence

The facts of the judgment

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. It is proved that the police statements of E can be recognized by taking full account of each police statement protocol.

The defendant recognized that he had been in the place of ruling with the victim, etc. on the date and time of ruling, but did not fit for the victim as stated in the ruling.

The argument is asserted.

In a case where the statements made by witnesses, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate reliable evidence to deem that they are objectively acceptable from an objective perspective (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). With respect to the instant case, the statements made by the victim, the victim’s investigative agency and the court may be found to be reliable in light of the following: (a) the victim’s health team, his/her consistency, logic, and physical strength, the part that is not memory; (b) the passage of time and the change in the reputation of the statements made by a third party; (c) whether the statements conform to the third party’s statements or social norms; (d) whether the statements conform to the said third party’s statements or social norms; and (e) the court’s attitude

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of the sentencing guidelines: Imprisonment with prison labor for not more than one year (the scope of recommended punishment) and the scope of mitigation (one month to one year) for compulsory indecent conduct (subject to not less than 13 years of age).