A defendant shall be punished by imprisonment for four 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

On August 10, 2017, around 00:20 on 00:20, the Defendant, at the table table in front of the convenience store of the C Apartment Building D, had the victim E (24 years old), and the victim, who had drinking, flicked twice the sexual flag part of the victim's sexual flag while drinking, flicked the victim's sexual flag part of the victim's sexual flag, and flicked the victim's inner diameter away from the floor by hand.

Accordingly, the defendant forced the victim to commit an indecent act and damaged another's property so as to be reasonable in repairing costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Data on photographs of damage;

1. A report on investigation (a statement of witness F);

1. Application of Acts and subordinate statutes concerning investigation reports (statements of witnesses G);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Reasons for sentencing under Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes during the period of registering personal information;

1. Application of the sentencing criteria;

(a) No. 1 crime (sex crime) [the scope of a recommendation] general standard and the crime of indecent conduct (subject to at least 13 years of age) is not subject to punishment (one month to one year of general indecent conduct) in the mitigation area (a person subject to special mitigation);

(b) Two crimes (damage) [Scope of Recommendations] general standards, and the scope of final sentence due to the mitigation area (one to six months) (special mitigation person] [The scope of punishment due to the aggravation of punishment by a large number of non-permanent crimes: January to January 1: March;

2. In light of the methods and contents of each of the instant crimes, the sentence of punishment is not good, and the Defendant has a record of punishment for violent crimes, etc. However, there are unfavorable circumstances, such as the Defendant’s violation of the mistake, the Defendant’s absence of criminal record exceeding the fine, and the Defendant was under the influence of alcohol, thereby resulting in the instant crime.