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.

On September 24, 2017, around 17:50, the Defendant: (a) placed a hand on the left side of the victim D (the age of 28) who was seated on the seat of his own seat in the subway line 1 subway station in Guro-gu Seoul Metropolitan Government, and forced the victim to commit an indecent act by force by rhumbbucks and knee.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts, the choice of imprisonment (the victim shall take an oath in this court as a witness, and the defendant commits an indecent act on himself/herself at the time and place stated in the facts prosecuted

The detailed statement was made.

The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim saw, etc., are consistent with the statements made by the investigative agency after being investigated.

The content was false and tending without direct experience.

It is born, detailed and specific to the extent that it can not be seen.

In light of the victim's legal statement attitude, damage statements are sufficiently reliable.

No motive can be found to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury and to mislead the defendant.

Therefore, it is recognized that the defendant committed an indecent act against the victim as stated in its reasoning.

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

1. The punishment as ordered shall be determined by taking into account the circumstances below the grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the State and the age, sex, environment, etc. of the accused and the conditions of sentencing under Article 51 of the Criminal Act, such as the accused’s age, sex, and environment

- The background of the crime and the degree of conduct do not seem to be light. The sexual humiliation and mental suffering seems to be considerable.