A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On September 12, 2015, at around 22:00, the Defendant: (a) at the Duds' room located in Seocheon-gu, Seocheon-si C branch; (b) at the victim E (V) who is an owner of the business upon the Defendant’s request for singing; (c) opened a show to commit an indecent act against the victim by holding the show; (d) holding the show; (c) holding the show; (d) holding the show; and (e) holding the show; and (e) taking the victim’s talk with his own will to commit an indecent act by inducing the victim’s shock; (e) taking the victim’s shoulder with his/her shoulder while pushing the Defendant with his/her arms; and (e) taking the victim’s shoulder with another hand; and (e) forced the victim to commit an indecent act; and (e) taking the victim into account the victim’s shoulder and the victim’s bodily injury during this process, he/she suffered from approximately 2 weeks treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement protocol by the police for E;

1. Photographs and written diagnosis of injury;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (the confirmation of the victim's hospital's medical treatment)

1. The summary of the argument is that the victim's face is taken and taken, but there is no fact of exercising coercive power or resistance against the victim, and there is no injury in the process.

2. Determination

A. (i) Whether the indecent act is an indecent act or not includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the body of the person of the indecent act is deemed to be an indecent act. In this case, the assault does not necessarily require that the other party’s intention is at least to suppress, and if there is the exercise of tangible force against the other party’s will, it shall be deemed that the force does not take place (see Supreme Court Decisions 91Do3182, Feb. 28, 1992; 94Do630, Aug. 23, 1994, etc.). Even if the indecent act is not a pure act, the victim’s intention is the victim’s intention.