1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Punishment of the crime

On May 11, 2016, the Defendant’s “E Loans” written in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 23:35 is a clerical error.

For this reason, while she was trying to see the lele in front of the lelebrogate, she found the victim D (n, 34 years of age) who was felged and kneeged to knenee, and she was forced to commit an indecent act by force against the victim in the state of being exposed to her sexual organ by her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. The Defendant of the D’s written statement denies the Victim’s arms, but the remaining facts alone establish the crime of indecent act by force, and not only the other facts of D’s investigative agencies and legal statements are consistent, logic, body, parts of memory, contents of the part that is not memory, time and time, changes in the reputation of the statement, whether the statement conforms to the social common sense, the legal attitude of the statement and the penology of the statement, etc. Thus, it can be sufficiently recognized the criminal facts of the judgment in light of the above evidence.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of the sentencing guidelines: Where the exercise of tangible power in the mitigated area (one month to one year) (one year from January to one year) is considerably weak for any crime of coercion by force (subject to at least 13 years of age) under the general standards for imprisonment for not more than one year;

1. Unfavorable circumstances: Points that the degree of conduct does not be light and that the person does not receive a manual from the injured person, etc.;

1. favorable circumstances: The fact that a separate assault and intimidation is not prior to an indecent act, and the defendant is the first offender who has not been subject to criminal punishment, and others.