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.

Punishment of the crime

On September 14, 2017, at around 07:41, the Defendant demanded the victim F (the 27 years old) of the E hotel located in Eunpyeong-gu Seoul Metropolitan Government D to discharge his sexual organ. As the Defendant was refused from the injured party, the Defendant placed the victim’s neck on two occasions with the two hand, which requires approximately two weeks of medical treatment. At around two weeks of the victim’s stroke, the Defendant put the victim’s neck on a stroke, the left chest, the left stroke, and the blood transfusion of the stroke.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis of injury;

1. A criminal investigation report (Attachment of the table to the 112 Report Processing Report), each investigation report (to take photographs of the victim hole), investigation report (CCTV investigation), and investigation report (to submit a report on injury);

1. Application of 8 copies of field photographs taken by the police officer in mobilization, 2 copies of the 112 Report Processing Table, 145 copies of the victim’s joints photo, 1 copy of the victim’s joints photo, 3 copies of the victim’s joints photo, 1 copy of the victim’s joints photo, and 3 copies of the CCTV images to captures;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria is general injury (the scope of the recommended punishment], the mitigated area (two months to one year), the punishment is not suspended (including the advanced effort to recover damage), or considerable damage is recovered;

2. A normal defendant who is disadvantageous to the decision of sentence has been punished for 6 times or more of violent crimes even before committing the instant crime.

Nevertheless, the crime of this case has been committed without being aware of it.

While the defendant tried to have a sexual intercourse with the victim, he was aware of the victim's name in order to raise his sexual interest, and the victim was also asked to assist the hotel employee by escaping from his body with the victim's awareness in the process. In light of these circumstances, the defendant's intention is to prevent the victim from escaping.