A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in this case, the Nos. 1 through 4, 6 through 16.

Punishment of the crime

[2012 Highest 594] On June 25, 2009, the Defendant released the victim E (nive, 29 years of age) from the room used by A, which is located in the third floor of the Ansan-si Cridge, Andong-si, Seoul, to the effect that “the victim gets off the victim with a sexual pain, thereby doing so, and let the victim wear the Defendant’s sexual organ on the bed part of the bed, and let the victim take down the Defendant’s sexual organ.

The Defendant: (a) committed an indecent act by force against the victim, on the part of the victim, by putting the shoulder of the victim who suffered from the victim as above on his hand, putting him on the part of his body, breaking the victim’s clothes; (b) cutting off the victim’s clothes; (c) putting the arms of the victim who gets her chest and sound with her hand and resisted them on her hand; and (d) putting the victim’s chest and sex with her fingers, and bucking the victim’s chest and sex with her fingers; and (e) committing an indecent act by force against the victim by force.

Summary of Evidence

1. A copy of the examination record of E; and

1. E’s written statement of March 22, 2010 and the police statement of July 24, 2009

1. Application of Acts and subordinate statutes to request communication confirmation data, replys, and criminal investigation reports;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determination on the issues under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to notify is issued

1. The summary of the defendant and his defense counsel's assertion that the defendant did not have any indecent act by compulsion, and the defendant asked the victim's attitude as alleged by the victim of domestic affairs, and even if the body of the victim was interviewed in the process, it was done with the consent of the victim and did not resist to the situation where the victim was unable to resist due to assault or threat.

2. Review of each of the evidence held in the facts of recognition and the records of this case is as follows.