A defendant shall be punished by imprisonment for not less than two years 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.

Punishment of the crime

On June 8, 2017, the Defendant was sentenced to a suspended sentence of two years on September 13, 2017 for a crime of violating the Road Traffic Act in the Busan District Court's Dong branch branch.

On July 8, 2017, around 00:50, the Defendant: (a) accessed the victim E (V, 20 years of age) who had a dancing with forced indecent act at the “D” club located in Busan District, Busan District; (b) accessed the victim’s face by drinking; (c) pushed the body with the body; and (d) faced with the head of the above victim’s head on the table table; (c) emblizing the head of the above victim’s body; (d) kiding the head of the above victim’s body; (e) kiding the victim’s head, hair, chest, spath, bridge, etc.; and (e) by doing indecent act by force on the victim’s head, hair, and bridge, etc., which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (indecent acts, etc. committed by force);

1. A written diagnosis of injury;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, investigation report (prior convictions in probation) and statutes;

1. Relevant Articles 301 and 298 of the Criminal Act concerning facts constituting an offense;

2. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

5. Article 62-2 of the Criminal Act, Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 2-3 subparag. 2, and Article 44-2 of the Medical Care, Care, etc. Act / [the Defendant is a person who has a habit of drinking alcohol, such as undergoing a pharmacologic treatment to the military with alcohol dependence, and is a person who commits a crime entailing imprisonment without prison labor or heavier punishment. The Defendant’s status shown in the aforementioned evidence, the details and content of the instant crime, and his criminal record, etc.