A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On March 27, 2016, the Defendant: (a) around 21:15, at “E” operated by the Victim D (A, 47 years of age) located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) drinked with the Victim’s chest and drinking together with the Victim; (c) the Victim took the Defendant’s hand, boomed with the Defendant’s hand, cut off the Defendant’s kne and kneel with water, and feld with the Defendant’s hand, and she returned back to the water, reported that the Victim “I am off, I am off, I am off, I am.”; and (d) the Victim tried to get off the Defendant’s finger by her hand from the back of the Victim’s seat and kneed with the Defendant’s finger, and then the Victim again kneed with the Defendant’s finger and kneed with the Defendant’s hand.

Accordingly, the defendant forced the victim to commit an indecent act, and in the process, the victim suffered injury, such as the first middle balance pipe, dump dump, etc., which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor in relation to D;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.