A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

The defendant is a member of the company working in the D Company in Busan Seo-gu C, and the victim E (the remaining and the age of 17) is a high school student and is an trainee belonging to the above D Company.

On December 28, 2016, the Defendant: (a) while drinking in G cafeteria located in Busan YF around 18:00 on December 28, 2016, the Defendant reported that the victim gets a male toilet under the influence of alcohol; and (b) entered the facts charged according to the toilet, and added the part of “the victim sprinked with a wall.”

The defendant, as stated in its reasoning, acknowledged the fact that the victim entered a toilet as soon as possible and met with his/her sexual organ by hand, asserts that there is no but to write down the victim as a wall.

On the other hand, the victim only stated in the investigative agency that "(i) the victim was expected to go back on the wall about the situation at the time," and there is no other evidence to acknowledge this part.

Even if this part is deleted, it does not harm the identity of the facts charged and disadvantage the defendant's exercise of his/her right to defense. Thus, the remaining facts charged by deleting this part are recognized as criminal facts.

On the part of the defendant's entrance, the defendant forced kids by inserting his life into the drafting of the injured party, and forced kids by placing the injured party into the drafting of the injured party, and followed the injured party into the pen, leading the kids, leading the sexual organ into his hand, and forced the injured party to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. E’s statement in video recording CDs;

1. The defendant asserts that there is no fact that he included in E’s statement in the cover of the damaged person’s drafting.

However, in the police, the victim forced the defendant to kisk and have been placed in the drafting.

The defendant was able to prevent the existence of the defendant and close as soon as possible.

“The statement was written in writing,” and “the Defendant included in the drafting.”