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

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

Punishment of the crime

1. On April 11, 2020, the Defendant committed an indecent act by force against the victim D (hereinafter “C”) who is the owner of the business in Gwangju Northern-gu B and the first floor “C” in Gwangju Northern-gu, about 21:00, by stating, “I want to have the victim sit on the side, she will have a large number of fesssing, she takes away the victim’s hand, and use the victim’s hand, etc. by putting the victim’s hand, who is an employee of the victim’s work in the main room, she continues to use the victim’s hand, as she write off in the latter part of the E, and she committed an indecent act by force against the victims.

2. At the date, time, time, and place specified in paragraph (1), the Defendant interfered with the Defendant’s business by force, by: (a) making customers, who had been under the influence of avoiding disturbance, such as breaking away from the entrance, with a large amount of voice, in which E, etc., takes the Defendant’s indecent act; and (b) making them out of the entrance, thereby obstructing the Defendant’s business operation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion (the person under special appearance]: The mitigated area of punishment (the area of recommendation and the scope of recommended punishment), the mitigated area of punishment, one month to one year;

(b) General standards for the crimes of Type II (determination of types).

B. The crime of indecent act by compulsion (the 13 years of age or older) [the 1st type] general indecent act by compulsion (the person in a special form): the recommended field of non-performance of punishment where the degree of indecent act by compulsion is weak.