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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a person who resides in the Guro-gu Seoul Metropolitan Government B C head office, and the victim D (n, 54 years of age) is a person who resides in the same Gowon E head office.

피고인은 2018. 10. 31. 22:30경 위 B 내에서, 피해자가 샤워실에 들어가는 것을 보고 샤워장 밖에서 일부러 샤워장 전등을 껐음에도 피해자가 샤워장 밖으로 나오지 않자 자신의 방으로 들어갔다가, 피해자가 위 샤워실에서 나와 주방으로 들어가는 것을 알고 피해자를 뒤따라 주방에 들어간 뒤 피고인을 피하여 밖으로 나가려는 피해자의 손목을 잡고 손으로 피해자의 가슴 부위를 1회 움켜쥐어 추행하였다.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. Each protocol of examination of prosecution and police officers concerning D;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Determination on the assertion by the Defendant and the defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed

1. The summary of the assertion is that the Defendant, without any justifiable reasons, took a horse to comply with the victim who takes a bath, and did not commit an indecent act against the victim by using the victim's chests.

2. Determination 1) The victim immediately following the instant case: (a) prepared a written statement stating that “the defendant divingd the main visit of the Gosiwon and kniffed the chest, she caused the chest (Evidence No. 13 pages); (b) the police officer stated that “the defendant was unable to hold the main visit by the defendant; (c) the victim’s chest was knife by hand,” or “the defendant was knifd twice the right chest by two hands (Evidence No. 19 pages of the Evidence No. 23 of the Evidence No. 23 of the Record); and (c) during the police interrogation of the suspect, the victim stated that the chest was covered by the defendant while the suspect was unable to do so (Evidence No. 54 pages of the Evidence No. 54 of the Record); and (d) the prosecutor’s office.