1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 2014, the Defendant committed the crime at around 22:00 on the date of December 2014, 2014, committed the crime at around 22:00 DaD rooms in the trade name in Gwangju-gu, Gwangju-si, with the intent of having the victim E (Ga name, b, 24 years old) who was locked by drinking alcohol, and committed an indecent act by reporting the victim E (Ga name, b, 24 years old) who was locked in his/her body.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. On July 31, 2016, the Defendant committed the crime at around 23:00 on July 31, 2016, at the home of the above victim in Gwangju-si, Dong-gu, Gwangju-si, had the face of the victim, who was under the victim's body, had the victim's mind to have his/her panty reported the victim who was locked while drinking alcohol, and forced the victim to commit an indecent act.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Statement protocol of reference witnesses by the prosecution for E (tentative names) - door answer-type one time;

1. Claims by the defendant and his/her defense counsel against the police statement protocol and statement protocol (second time) of each police in relation to E (tentative name);

1. Although the Defendant and his defense counsel’s assertion had been made together with the victim at each time and place specified in the facts constituting the crime No. 1 and 2 as indicated in the judgment, the Defendant committed a indecent act against the victim as stated in the facts constituting the crime in the judgment, in the process of careing the victim under the influence of alcohol around July 31, 2016, and in the process of careing the victim, there was a physical contact with the victim, and there was no indecent act

2. Comprehensively taking account of the following facts and circumstances acknowledged by the above evidence duly adopted and investigated by this court, the Defendant, like the facts constituting the crime Nos. 1 and 2 in the judgment, is likely to sustain the victim by taking advantage of the victim’s resistance impossible condition, or to face the victim’s body.