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.

Criminal facts

1. 재물 손괴 피고인은 2015. 12. 5. 18:30 경 김해시 C에 있는 피해자 D( 여, 49세) 가 운영하는 ‘E’ 식당 안에서, 아무런 이유 없이 술에 취한 상태로 욕설을 하며 테이블, 난로 등을 발로 찼다.

As a result, the defendant damaged the table table, etc. owned by the victim to cover the repair cost of about 50,000 won.

2. The Defendant forced indecent act committed an indecent act on the above date, time, and place, as seen above, committed an indecent act on the part of the victim by avoiding disturbances, such as cutting the tables, and eating the victim’s mind to commit an indecent act, and exceeding panty, etc., he saw the victim into two arms, thereby committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

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

1. In the case where the exercise of force of force is considerably weak for the reasons for the sentencing of Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the scope of recommended punishment) [the scope of punishment] and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(3) [the scope of punishment] and Article 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of recommendations] and Article 16(1) [the scope of punishment] and Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the scope of punishment shall be determined by considering the following as a whole: 6 months of imprisonment, 2 years of suspended execution (the details and method of crimes, degree of conduct, degree of damage, degree of harm, degree of harm to the defendant, and history of criminal punishment of the same kind; 1.4 years of punishment for sexual crimes without being registered).