A defendant shall be punished by imprisonment for not more than ten 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

On October 207, 2019, around 20:00, the Defendant: (a) stated that the victim D (here, 22 years of age, and household name) who had been engaged in boarding guidance service would want to report more than once; (b) carried the victim’s hump by hand; (c) humping the victim’s hump by hand; and (d) committed an indecent act by force against the victim’s left hump by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness D;

1. Application of investigation reports (as to attachment of a copy of a check of ten thousand won or more), investigation reports (as to CCTV data at the scene of crime), and statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to

Reasons for sentencing

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): Where the degree of indecent act by compulsion is weak (the area of recommendation and the scope of recommended punishment), the reduced area of punishment, one month to one year;

3. Determination of sentence: Ten months of imprisonment with prison labor, or conditions favorable to two years of suspended sentence: Not much emphasis on the part or degree of indecent act;