A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

1. On November 21, 2016, Defendant 2016, Defendant 5815, obstructed the victim’s restaurant business by force, such as avoiding disturbance, and preventing customers from entering the said head office, thereby obstructing the victim’s restaurant business by force, on the ground that the victim’s “E” in the operation of the victim D (V, 56 years old) on the 1st floor in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter “E”) did not reach an agreement on the assault case.

2. On February 27, 2017, Defendant 2017, Defendant 773, around 27:02:15, 2017, had the victim H (n, 27 years of age) around the cafeteria of “G” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of forcing the victim to commit an indecent act, and had the victim’s right knife with the victim’s back knife with the victim’s back knife.

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

Summary of Evidence

[2016 Highest 5815]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative reports (to hear statements from witnesses);

1. A report on investigation (to hear statements by police officers) (to hear statements by police officers).

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes to investigation reports (related to attachment of CCTV images on crimes);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected due to the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom.