However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On December 30, 2018, at around 01:36, the Defendant 201: (a) breathed the victim C(25 years of age) who was on the way in the way, while under the influence of alcohol, was fluencing the victim’s body body part by hand, booming the victim’s sexual organ by hand, inducing the victim’s sexual organ by force; (b) fluencing the victim’s chest on one occasion; and (c) flucing the victim’s chest on one occasion, the Defendant breath of the victim’s body part by drinking; and (d) breath of the victim’s body part by using the cell phone to charge the victim’s cell phone and breath of the victim’s body part by hand.

At around 01:40 on December 30, 2018, the Defendant continued to commit assault by making the chest part of the victim’s head one time by hand within the E convenience store located in Suwon-gu, Busan, and the victim’s head part by hand.

A prosecutor was indicted as a substantive concurrent crime on the ground that the time and place of “an assault committed beforeB” and “an assault committed within convenience points” are different from that of “an assault committed within convenience points,” but this is a series of crimes committed continuously under the single criminal intent with respect to the same victim in close proximity of time, and thus, it is reasonable to deem that such crime is a single comprehensive

In such a case, even if the court recognizes the criminal facts charged for concurrent crimes as they are, and treats only the legal evaluation on the number of crimes as a single comprehensive crime, it does not put any disadvantage to the defendant's right to defend (see, e.g., Supreme Court Decision 2011Do15356, Jan. 26, 2012). As to each of the charges charged for concurrent crimes, the court shall ex officio change them into a single comprehensive crime of assault without changing any indictment.

Accordingly, the defendant committed indecent acts by compulsion, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. 112 reported case handling table;

1. The investigation report (the main investigation of the occupation point) and CCTV images inside the convenience store for the investigation report.