A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 20, 2017, the Defendant, as an acting driver, driven a vehicle of the victim who is an acting driver, in front of the restaurant working in Seodaemun-gu Seoul Metropolitan Government (the age of 49), and parked the said vehicle into a D apartment underground parking lot located in the same Gu, and left the said vehicle as a substitute driver, and left the chest of the victim who is sitting on the top of the above vehicle as he lost his mind of drinking, taken the chest of the victim as his hand, putting his hand into the part of the victim, taken the victim's sexual organ on the part of the victim, taken the victim's sexual organ on the part of the victim's sexual organ, taken the victim's left hand on the part of the victim's hand, and let the victim attack the victim's sexual organ by his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Investigation report (related to telephone conversations and submission of data with the proxy driving company E);

1. An investigation report (a voice-related with a tape recording of a victim's vehicle on the day of the incident);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the violation of his/her mistake while recognizing the crime, the agreement with the victim, and the absence of any record of punishment for the same kind of crime);

1. Where the conviction of the instant personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the said Act.

However, there is no record of punishment for the same crime, and only the registration of personal information can prevent recidivism to a certain extent.

in light of the fact that it appears.