A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 21, 2018, at around 23:01, the Defendant committed an indecent act by force against the victim D (V, 18 years of age) who passed around the C cafeteria located in Dongdaemun-gu Seoul Metropolitan Government, by taking the sound of the victim as his hand.

Summary of Evidence

1. Statement of the police statement of the defendant in relation to D in court (the second trial date);

1. Application of Acts and subordinate statutes to a investigative report (to listen to the victim's telephone statement and attach a voice CD) and to a closure screen accompanied by a report on internal investigation (CCTV investigation) and the CCTV screen;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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 reasons for sentencing under Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 of the Act on Welfare of Disabled Persons are shown to be a substitute for the instant crime and to reflect the wrongness of the Defendant. Under the circumstances favorable to the Defendant, the Defendant committed the instant crime by forcing a minor victim on the ground that the Defendant was somewhat underbreathing, and thus, it seems that the Defendant committed an indecent act on the part of the Defendant, which caused the occurrence of the victim to feel sexual humiliation and mental shock. The Defendant, even though having been punished by a fine for similar crime, committed the instant crime, shall be considered as disadvantageous to the Defendant, and the Defendant again committed the instant crime by taking into account the following factors, such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence of the crime, the circumstances after the crime, etc., as a whole, shall be determined as per the order.

Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered, the accused shall be a sexual crime.