A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 4, 2014, around 00:32, the Defendant: (a) discovered the victim who was diving and was seated on the side of the victim F (the age of 22) in the E bus that passed through the Gu D road during Ansan-si, and (b) stated that the Defendant would have attempted to have the victim do an indecent act on the victim’s hand, thereby making the Defendant’s hand up into the victim’s bucks and bucks.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to photograph after on-site closure;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (which reflects the nature of the suspension of execution and is without any previous conviction or heavier);

1. Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the defendant and his defense counsel] asserts to the effect that only a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) is established because the victim was dead at the time of the instant crime because he was unable to resist because he was unable to resist due to a certain situation in the city bus at the time of the instant crime. The defendant and his defense counsel asserted that only a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) is established because he was unable to resist under Article 299 of the Criminal Act because he was in a situation other than mental disorder under Articles 297 and 298 of the Criminal Act, and that psychological or physical resistance is absolutely impossible or considerably difficult due to the reason other than mental disorder (see, e.g., Supreme Court Decision 98Do3257, May 26, 2000).