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

The defendant is a taxi engineer.

On October 9, 2017, the Defendant, at around 14:40, 2017, committed an indecent act by force against the victim E, such as: (a) entering the D coffee shop in Gwangju North-gu, where the victim suffered from damage, stating that “it is good that the male has sexual intercourse with several persons”; (b) inserting the victim’s right buckbucks between his/her two legs; and (c) taking the victim’s hand into his/her own gender; and (d) taking the victim’s hand inside the buckbucks of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. CCTV backup business CDs;

1. An investigation report (the victim's statement is detailed and detailed about the process of entry into a coffee shop by the defendant, the location of the victim and the defendant at the time, the behavior and specific action of the defendant, the details of damage, the response of the victim, the situation before and after the crime, etc., and the CCTV images and other evidence do not conflict with other evidence.

There is no motive for the injured person to make a false statement against the accused, and even in light of the attitude of the statement in the court, the credibility is high.

Application of Statutes

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

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

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) does not deny objective evidence and recognize his fault, and the victim was in a deep mental impulse to commit the instant crime and suspended his business.

The defendant does not have any criminal record exceeding the same criminal record and fine, and the defendant's age, sex, motive and means of a crime, and circumstances after a crime are taken into account, and all of the sentencing conditions shown in the records and trial process.