A defendant shall be punished by imprisonment for not less than eight 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 October 16, 2015, at the bus stops located in Songpa-gu Seoul Metropolitan Government, around 00:20, the Defendant reported the Victim F (M, 28 years of age) who returned home with short farcing farcs, and made a drinking telephone call with a view to forcing the victim to commit an indecent act, and then prevented the victim from standing in Songpa-gu Seoul Metropolitan Government, thereby blocking the front of the victim, by hand, and then blocking the victim from standing in front of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes as a result of H CCTV data analysis;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes excluding the provisions on reduction of and exemption from liability (the defendant and his/her defense counsel committed a crime in the mental and physical weakness of the defendant

However, Article 10(1) and (2) of the Criminal Act does not apply to each sexual crime of this case by the defendant

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. The basic area (six months to two years) of the sentencing criteria [the scope of recommended punishment] general standards is the crime of indecent act by force (subject to at least 13 years of age) and the basic area (any person who is subject to special sentencing) of the category 1 (the general indecent act by force);

2. 선고형의 결정 피해가 회복된 바 없음 피고 인은 마트에서부터 피해자를 추행하려고 시도 하다가 피해자를 뒤따라가 이 사건 범행에 이 르 렀 는 바, 추 행의 정도가 경미하지 아니하고 피해자는 이로 인하여 부모님 댁으로 이사하기까지 하였음 피고인이 수사기관에서는 범행 부인하였으나 이 법정에 이르러 잘못을 인정하고 있음 피고인은 초범 임 그 밖에 피고인의 연령, 직업, 성 행, 가족관계, 범행 전후의 정황 등 기록 상 나타난 모든 양형 요소를 참작하여 형을...