A defendant shall be punished by imprisonment for six 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

On September 10, 2015, in front of D kindergarten in Kimpo-si, Kimpo-si, around 20:20 on September 10, 2015, the Defendant forced the victim to commit an indecent act in a way that the victim E (n, 22 years of age) coming from the opposite part, was faced with the right shoulder of the victim due to the right shoulder of the defendant himself, and the victim's knife by hand seems to be used above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. CCTV images (the defendant and defense counsel) asserts that although the defendant is faced with the victim, there is no fact that the victim's sound is true.

However, the victim's statement in the court and the police is consistent and specific with the defendant's act, contents of damage, the fear and response of the victim, the situation before and after the crime, and there are no other circumstances where the victim's statement is false, in light of the victim's attitude of statement in this court, etc. The credibility of the CCTV image taken at the time of this case is recognized in conformity with the victim's statement, and it does not seem that the CCTV image taken at the time of this case goes against the victim's statement, such as the defendant's vindication.

According to each evidence of the judgment, the application of the law is recognized as a defendant's indecent act by force).

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, and the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism, profits and preventive effects expected from the disclosure order and the notification order of this case, and disadvantages and side effects therefrom, etc.