A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 23, 2018, around 12:04, the Defendant discovered the victim D ( South Korea, 40 years old) who was seated in Yellow Sariba in Seo-gu Daejeon, Seo-gu, Daejeon, and found the victim as "welved at once and once," and committed an indecent act by force against the victim with the victim's sexual flag with a sudden hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Written statements prepared in D;

1. On-site explanation photographs and the 112 Report Processing Table [the defendant and his defense counsel did not take charge of the victim's sexual organ at the time of the instant case, extending out to the victim's sexual organ, but the victim's sexual organ was unable to reach the victim's sexual organ due to the victim's refusal, and the victim was unable to feel sexual humiliation. However, the following circumstances acknowledged by the evidence and evidence duly adopted by this court are consistent with the investigation agency and this court, namely, the victim's act of indecent act in this case, before and after the crime of this case, and the victim's response thereto. On the day of the instant case, the victim's first statement only was made, and the victim was not aware of the defendant prior to the instant case's sexual intercourse without any specific reason, and even without being aware of the victim's sexual organ before the instant case's sexual organ, the victim's act of causing a sense of sexual humiliation and the defendant's sexual behavior cannot be accepted in light of the above circumstances, and thus, the defendant's act cannot be accepted.

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

1. The Criminal Act, the suspension of execution;