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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant is a U.S. military unit that entered Korea on October 19, 2017 for military training purposes.

1. On November 20, 2017, around 00:12, the Defendant forced indecent act committed an indecent act by force against the victim F (M, 29 years old) who smokes tobacco around the main point of “E” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the Defendant committed an indecent act by force against the victim.

2. The Defendant who damaged public goods was arrested in the act of committing a crime under paragraph (1) and was transferred to the office of the Seoul Yongsan Police Station G Team in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul around November 20, 2017.

On November 20, 2017, the Defendant, while taking an investigation as the victim at the above office around 02:30 on November 20, 2017, caused damage to the police officers, such as taking a part of a sashion which was adjacent to the atmosphere, and taking a part of a sashion which was connected to the sashion in English. On the same day, at around 03:10 on the same day, the Defendant took a bath to the police officers while taking an examination of personal belongings in order to enter the detention room, and again took a part of a sashion which was adjacent to the book.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each police statement made to I and J;

1. Application of the Act and subordinate statutes to a report on the arrest of a person under consideration, personal immigration status, investigation report (E’s statement at the place of the occurrence of the case, and written estimate at the cell of the Seoul Yongsan Police Station)

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of forced indecent act), Article 141 (1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the Defendant is a foreigner with the U.S. nationality, who does not communicate with the U.S. language.).