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

At around 23:30 on May 10, 2016, the Defendant found the victim D (27 years of age) who calls with a portable phone in front of the influent restaurant near Gwangjin-gu Seoul Special Metropolitan City, and committed an indecent act by force against the victim by using the victim's left chest with the victim's own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. In light of various circumstances such as the background of the instant crime, means, details of the instant crime, and the Defendant’s act before and after the instant crime was committed, it is acknowledged that the Defendant under the influence of alcohol was drunk at the time of the instant crime, but it does not seem that the Defendant did not have or lacks the ability to discern things or make decisions, and further, Article 10 of the Criminal Act concerning the reduction and exemption of punishment may not be applied (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Thus, the Defendant’s assertion on this part shall not be accepted).

1. Article 298 (1) of the Criminal Act applicable to the crimes and Article 298 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for the sentencing of Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Education [the scope of recommendations] is the general standard for the crime of indecent act by force (subject to the age of 13 or older). In a case where the exercise of force is considerably weak (special mitigation) in the mitigation area (one to one year), the mitigation area (one to one year) (special mitigation] [the decision on the sentence] under favorable circumstances, the defendant appears to have recognized and reflected the instant crime, and the exercise of force.