A defendant shall be punished by imprisonment with prison labor for up to six months.

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.

Punishment of the crime

On August 21, 2015, at around 07:36, the Defendant committed an indecent act by force against the victim, following the victim D (here, 26 years of age) who passed his/her place, on the alleyway located in Busan City, around 07:36.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of film and video Acts and subordinate statutes attached respectively to a police internal investigation report (No. 2 of the evidence list), and an investigation report (No. 8 of the evidence list);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Where a conviction against the Defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse 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 competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines / [type determination] - Type 1 (Special Indecent Acts by Force) (Special Indecent Acts by Force) for the Crime of Indecent Acts by Forced Sex Offenses - The elements of mitigation are not punishable [the scope of the recommended sentencing] - The area of mitigation, one month or one year;

3. The Defendant, at the Daegu District Court on November 20, 2014, had been sentenced to a fine of three million won due to an indecent act committed by force by a female chest who is a subway passenger by using the chest of a woman who is a subway, but was once again sentenced to the same veterinary method against the victim of the land on which one year has not passed, in a short period of time.