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

The defendant is a person who works as a brecer at the Da department located in Sungnam City, and the victim E (V, 41 years old) who resides in the 3th floor of the same building.

1. On December 17, 2013, the Defendant committed indecent act by force against the victim’s will while the victim had talked with the victim at the above rooftop room on December 18:30, 2013, the Defendant reported the form of the victim’s hair from the floor, and forced the victim to commit indecent act against the victim’s will.

2. On March 23, 2014, the Defendant was living in the above rooftop room. Around that time, the victim tolds his wife of the indecent act. Around that time, the Defendant: (a) opened the door through the open door to the stairs inside the rooftop; (b) opened the door to the stairs inside the rooftop; and (c) opened the string of the victim as soon as possible under the stairs; and (d) intruded the victim’s residence, such as promptly scattered.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Kakao Stockholm photographs;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a punishment, and Article 319 (1) of the Criminal Act: The choice of imprisonment with labor; or

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;

1. Part concerning rejection of prosecution under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order

1. 공소사실의 요지 피고인은 2014. 3. 17. 19:30경 위 D 제과점 갤러리에서 피해자 E와 추행 건에 대하여 말다툼을 하던 중 피해자가 경찰에 신고를 하겠다고 하자 화가 나, 자신이 입고 있던 셔츠를 양 손으로 찢어 양 팔의 문신을 보이고, 찢어진 셔츠를 손에 감은 상태로 피해자의 얼굴에 가져다대면서 때리려는 시늉을 하고, 피해자에게...