A defendant shall be punished by imprisonment for four 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

At around 03:00 on July 9, 2016, the Defendant: (a) took part in the victim E (22 years) body in a male-only room located in Gwangjin-gu Seoul Special Metropolitan City, and (b) took part in the victim’s side and committed an indecent act by force against the victim by holding the victim’s chest back to the victim’s hand; (c) holding the victim’s chest back to the hand; (d) holding the victim’s chest back to the hand; and (e) holding the victim’s finger back to the knife without taking the knife.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. An investigation report (related to an employee oral statement and a photograph of the place of occurrence), investigation report (in detail and in detail, the victim shall make a statement of damage and the victim shall not peep into the motive that the victim makes a false statement or circumstances that make it possible for the victim to make a false statement;

In light of the victim's specific indecent behavior shown in the victim's statement and the defendant's specific indecent act behavior at the time and the fact that the defendant was faced with the victim's body, and the criminal intent of indecent act is also recognized in light of the victim's sexual inclination expressed by the defendant.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that although there was a significant proportion of indecent conduct and no agreement has been made with the victim, the prosecution was not committed in violent form, the defendant immediately restrains the sexual organ victim, and the defendant is an initial offender who had no criminal history)

1. It shall be convicted of a sex offense subject to registration and submission of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend.