A defendant shall be punished by imprisonment for not more than ten 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 and the victim E (V, 23 years old) resided in adjoining areas, and the victim frequently played by returning to the office of the Bupyeong-gu accused.

On June 20, 2015, around 02:20 on June 20, 2015, the Defendant discovered the victim who was playing in the house of the Defendant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and proposed the victim as “the one who was able to write off the same dog” and “the one who was able to do so.”

The Defendant was refused to use the victim’s hand on the way to return back, after taking a dog with the victim, and trying to trade the shoulder.

During that period, the Defendant skiddd the victim with the phrase “after skid,” and skidddd the victim’s kis, but skiddd the victim’s kis, “I am skid.”

After that, when the Defendant entered the place of residence, the Defendant committed an indecent act by force against the victim, such as: (a) the victim was forced to move one time, but was rejected; and (b) the victim was forced to move in.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. The credibility of CCTV photographs (each statement in the victim's court and investigative agency is recognized in light of the following facts: (a) the victim's act, the content of damage, the fear and response of the victim, and the circumstances before and after the crime; and (b) the circumstances in which the false statement is not visible; and (c) the degree of attitude to make the statement in this court.

Although CCTVs around the scene of the instant crime did not take photographs of the Defendant’s indecent act, CCTVs do not take the whole process of the Defendant and the victim’s moving route, it cannot be necessarily contradictory to the victim’s statements.

Therefore, according to the above evidence, the application of the law is recognized as a defendant's indecent act by force).

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

1. The Criminal Act, the suspension of execution;