A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on March 25, 2017 and completed the execution of the sentence at the port prison on March 25, 2017.

1. On July 1, 2017, Defendant 2017, Defendant 3448, at around 12:15, 2017, Defendant D assaulted the victim at a plaza in Busan Metropolitan City, Dong-gu, Busan, to take a bath to the coffee store, and to take a bath to police officers. Therefore, the victim D’s refusal to do so did assault the victim at one time when the victim’s face is defective due to drinking.

2. At around 11:00 on October 8, 2017, Defendant 2017, Defendant 5392: (a) Dan for the victim E (Woo, 59 years old) who was enjoying the event of the above plaza in Busan Dong-gu, Busan, the victim E (Woo and 59 years old) was forced to commit a indecent act.

Summary of Evidence

[2017 Highest 3448]

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police against D;

1. Previous convictions in judgment: References to inquiries, copies of the text of the judgment, and the current status of personal expropriations [2017 order 5392];

1. Statement made by the police for E;

1. The defendant's behavior cannot be viewed as an act of shouldering the victim, considering the location of the defendant's hand expressed in his/her photograph.

Although the victim seems to have neglected the degree of damage, when considering the images of the victim's photograph by neglecting the victim's statement, it is sufficiently recognized that the defendant committed an indecent act by force by deceiving the victim's sound mind.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with heavier concurrent crimes) of the same Act;

1. Scope of the recommended sentence;

(a) Class 1 of the crime of indecent act by force (subject to at least 13 years of age) in accordance with the general standards for crimes of Category 1 (sex Offenses).