A defendant shall be punished by imprisonment for six 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 April 10, 2014, at around 04:15, the Defendant, along with the Victim F (F, 30 years of age) in the “E” located on the third floor of the D Building in Gangseo-gu Seoul Metropolitan Government, committed an indecent act by force against the victim by forcing the victim to board the elevator of the said building in order for the victim to return to the first place, after drinking, and following the elevator to go back to the elevator.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to investigation reports (CCTV); investigation reports (112 reported voice);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The defendant and his/her defense counsel asserts that there is no indecent act against the victim at the time and time specified in the facts charged against the defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel.

In light of the following circumstances acknowledged by the evidence adopted by this court and the evidence of the court, namely, ① the victim was consistently stated in the investigative agency and this court that he gets on board the elevator with the victim who the defendant want to get on his house and committed an indecent act involving his chest, shoulder, etc. in the elevator, ② there is no special circumstance to deem the victim was made a false indecent act, ② there is no discovery of special circumstance to deem that the victim was made a false indecent act; ③ there is compatibility with the statements about the circumstances before and after the crime of this case and CCTV images, the fact that the defendant committed an indecent act against the victim can be sufficiently recognized as stated in the criminal facts.

Therefore, the defendant and his defense counsel cannot be accepted.

The reason for sentencing is the crime of this case.