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

From July 23:30 to 23:50 on July 7, 2013, the Defendant committed an indecent act on the part of the victim, who f, F’s wife G, and G with the victim H (the age of 35), who had been aware of in the middle-gu “E” room located in Ulsan-gu, U.S., with usual knowledge, while drinking alcohol together with the victim H (the age of 35).

Summary of Evidence

1. Each legal statement of the witness H, G, and F;

1. Application of each of the statutes stated in H, G, and F to the suspect's interrogation protocol against the accused;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act by compulsion, the defendant's act cannot be deemed as a violent act of infringing the victim's sexual self-determination right under the crime of indecent act by compulsion, and the defendant did not have the intention of indecent act by compulsion.

The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by resorting to violence or intimidation, but also the case where the act of assault itself is deemed to be an indecent act. In this case, as long as an assault does not necessarily require that the degree of suppressing the other party’s intent is to be limited, and the force is exercised against the other party’s will, regardless of its force, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus, it infringes on the victim’s sexual freedom.