1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

『2017 고단 3413호』 피고인은 2017. 8. 4. 01:02 경 광주 북구 C에 있는 D 내 2 층에 있는 'E' 찜질 방 안에서 잠을 자고 있는 피해자 F( 가명, 여, 25세) 을 발견하고 피해자가 잠들어 항거 불능 상태인 점을 이용하여 피해자를 추행하기로 마음먹고 피해자 옆으로 누운 다음 피해자의 입술에 자신의 입술을 맞추고 혀로 피해자의 입술을 핥았다.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

around 03:19 on July 19, 2017, the Defendant: (a) reported the restaurant customer I (n, 33 years old), J (n, 34 years old) on the H restaurant located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) laid off the Defendant’s sexual impulses; (c) laid down the Defendant’s sexual organ, and (d) carried out a publicly obscenity act for three minutes by hand.

Summary of Evidence

[2017 Highest 3413]

1. Partial statement of the defendant;

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

1. CCTV image output;

1. The result of reproduction and viewing of the CCTV head on the crime scene (the defendant and his defense counsel merely assumed the smell of the victim, and the defendant did not commit an indecent act against the victim as stated in the crime No. 2017 senior group 3413.

However, in a case where the victim’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence to deem that the victim’s statement is objectively reliable from an objective perspective (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). In addition, the victim made a concrete and consistent statement on the same criminal facts as the victim of the 2017 High Order 3413, supra at an investigative agency, as well as on the previous and subsequent circumstances, the victim’s statement is consistent with the CCTV image taken in the course of the Defendant’s criminal act, and the result of watching and viewing the video is consistent with the above statement by the victim, and unlike others, the victim’s above statement by the victim may be replaced.