On September 12, 2019, the Defendant, at around 03:24, committed an indecent act by force against the victim C (n, 21 years of age) while drinking alcohol in the “D” where the victim C (n, 21 years of age) working in Mapo-gu Seoul Metropolitan Government, committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of CCTV at the site of the case) [The defendant and his defense counsel] argues that Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes should be applied since the act of this case constitutes an indecent act at a place of public secrecy, not Article 298 of the Criminal Act. However, as the exercise of tangible force against the victim's intent, the act of the defendant's judgment constitutes indecent act by indecent act as so-called "indecent act" in which the act of assault itself is acknowledged as an indecent act by force, it is reasonable to deem that the place where an indecent act occurred

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (the attitude of the defendant against the crime appears, and the victim does not want the punishment of the defendant under an agreement with the victim, taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and other various sentencing factors specified in the records and arguments) of the Criminal Act, where a conviction of the crime subject to registration becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head

However, the suspension of sentence against the defendant shall be deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment became final and conclusive.