A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who has been a customer of the "D" coffee shop in South-Sayang-gun C, where the victim B (a person, fel, 61) is working as an employee.

1. On February 29, 2020, the Defendant’s indecent act by force was committed on February 29, 2020, and the Defendant’s sexual organ was deprived of the Defendant’s lower rank at the coffee shop at around November 28, 2020.

In other words, it shown the victim by brushing it to the victim, and brush the victim's upper part of the victim's lower part, thereby committing an indecent act by force.

2. On March 3, 2020, the Defendant committed an indecent act by force on March 3, 2020: (a) around March 11, 2020, by inserting his hand into the victim’s panty in a coffee shop, thereby committing an indecent act by force against the victim by inserting his hand into the victim’s panty.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against B (No. 13,23) (Evidence List No. 13), and E;

1. Recording records;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

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

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (indecent act by force) (a) sex offense;

(b) Crimes of indecent conduct by force (subject to at least 13 years of age) / [Class 1] General compulsory indecent conduct [person subject to special sentencing] mitigation elements: The area of mitigation of punishment [the area of recommendation and recommendation range], the area of mitigation of punishment [the scope of punishment and recommendation range], January through one year;

(b) Type 2 crimes (indecent acts by force). General standards for sex offenses;

(b) Crimes of indecent conduct by force (subject to at least 13 years of age) / [Class 1] General compulsory indecent conduct [person subject to special sentencing] mitigation elements: The area of mitigation of punishment [the area of recommendation and recommendation range], the area of mitigation of punishment [the scope of punishment and recommendation range], January through one year;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: One to one year and six months of imprisonment (the maximum of crimes No. 2).

3. Determination of sentence: Six months of imprisonment; and