A defendant shall be punished by imprisonment for six 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 November 25, 2015, at around 03:00, the Defendant followed the victim D (Woo, 34 years old) who walked on the way before the Clley of Gwangjin-gu Seoul Special Metropolitan City on November 25, 2015, and moved by hand the less part of the victim's neck on the floor of the road, and then put the son out of the body of the victim with the knife with the knife with the knife with the knife in which the victim was suffering.

Although the facts charged include the defendant's act of deceiving the victim's body, the records are closely examined, the victim only stated that the defendant was exempted from his/her clothes by inserting his/her hand into the inner knife, but did not clearly state whether he/she had a negative part in the process.

Therefore, even if partial reduction of criminal facts is recognized as above, this does not seem to cause a particular obstacle to the defendant's exercise of his/her right to defense, and therefore, this part of criminal facts is recognized differently

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (statements made by a reporter’s witness), investigation report (CCTV tracking investigation and identity of the suspect);

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the observation of protection, and the punishment, etc. of sexual crimes committed against orders to take lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to not less than 13 years of age) is not subject to punishment (one month to one year of general indecent act) in the mitigation area (person subject to special mitigation];

2. Determination of sentence: Imprisonment with prison labor for six months and two years disadvantageous to a suspended sentence: The fact that the defendant committed an indecent act against the victim who was under way at the time of returning home in the night, and that he/she used assault against the victim;