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

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

Punishment of the crime

On February 16, 2017, the Defendant, at the house of Seo-gu, Seo-gu, Seo-gu, Daejeon, 07:00, worked in the body of the victim E (n.e., 23 years old) of the victim E (n.e., the Defendant drinking alcohol together with the Defendant, frightened the victim’s upper part of the victim, taken the victim’s upper part on the neck, cut off the brogate, cut down the her pan, and panty, cut down the victim’s chest to the brode.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D (for witness D, some legal statements);

1. Each investigation report (the defendant and his defense counsel attached a photograph by cutting down the F dialogue screen between the defendant A and the defendant and the victim E by cutting down the F dialogue screen between the defendant and the defendant A and the victim E) / although the defendant was found to have taken the chest of the victim at the time of the instant case, he/she did not constitute a crime of indecent act by force since it was conducted with the victim's implied consent or without the victim's intention of refusal.

However, the Defendant’s indecent act in this case and the victim’s statement prior to and after the commission of the crime is relatively consistent, and in light of the victim’s investigative agency and court’s attitude and content of the statement, there is credibility in the statement.

According to each of the above evidence, the victim's investigative agency and the statements in this court, which are reliable as above, can be sufficiently recognized that the victim committed an indecent act against the victim's will by taking advantage of the victim's resistance situation, such as the defendant's criminal facts.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Orders to provide community service and attend lectures;