A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 6, 2017, the Defendant: (a) around 04:30 on June 6, 2017, around 04:30, at the “C” located in Busan, the victim D (n, 21 years of age) who had danced at the same time, left the victim’s her hand by inserting the part between the victim’s two legs; and (b) the victim’s her her son was her son and her son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Of the facts charged, the changed portion of the facts charged of this case stated that the defendant was "after putting his hand in the lower part of the victim's reflect part," but according to the victim's testimony, the defendant did not have a hand over the victim's hand by putting his hand in the victim's hand and her hand in his hand. However, there is room to understand that the above facts charged of this case can be understood as putting his hand in the part of the victim's hand, and therefore, the expression as stated in the above facts charged of this case is modified and recognized.

The defense counsel as to whether the charges are specified in the facts charged, although the inside of the above "C" is divided into the table and several tables, the facts charged in this case argues that the place of crime was not specified simply by indicating it as the above club without indicating the specific location.

However, in light of the nature of the offense charged, it is sufficient to specify the facts charged by stating the time, place, method, and purpose, etc. to the extent that it is possible to distinguish the facts causing the prosecution from other facts (see Supreme Court Decision 2016Do2696, Apr. 29, 2016). In light of the fact that the case where the victim complained of the injury caused by indecent act in the said club only one case, it can be deemed that the entry of the place in the instant facts charged in the instant case in question in the extent that it sufficiently distinguishable from other facts. Accordingly, the aforementioned assertion by the prior

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witnesses D (victims) and E in the second trial records, and witnesses F.