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 June 23, 2019, around 05:20 on the alleyway located in Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, for the victim B (the name, the 21-year age) and dialogue, the Defendant made a key to the victim on his own, and made a indecent act by force against the victim on his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation ( CCTV image in a case);

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. The sentence shall be determined as ordered in consideration of the circumstances below the sentence, and all other conditions of sentencing, including the defendant's age, character and conduct and environment.

A favorable condition: The defendant is against himself while making a confession of his crime.

There is no record of criminal punishment against the defendant.

Receiving a letter from the victim.

In light of the fact that the victim made clear his intention to refuse to commit an indecent act but continued to commit an indecent act after the victim made clear his intention to refuse to commit an indecent act, that the indecent act was sensitive to sexually committed and continued for a considerable period of time, and that the indecent act was used to suppress the victim's resistance in the course of an indecent act, etc., the crime is not likely to be committed.

A judgment of conviction on a sex offense subject to registration becomes final and conclusive.