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 6, 2016, the Defendant had the mind to report the appearance of the victim H (T, 19 years old) and victim I (T, 19 years old) and to commit indecent act at the male body of "G" located in the F, 5th floor in Gyeonggi-si, Gwangju-si, Gwangju-si, and 19 years old.

이에 피고인은 피해자들 사이에 누운 다음, 찜질 복을 입고 누워서 잠자던 피해자 H의 등 뒤로 다가가 손으로 H의 성기와 배를 만져 추행하고, 벌거벗은 채 누워 있던 피해자 I의 허리를 혀로 핥고, 성기를 주물렀다.

Accordingly, the Defendant committed an indecent act against the victim H in a state of mental or physical loss, and forced the victim I to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to H and I by the police;

1. The defendant and his defense counsel asserts to the effect that he had no responsibility at the time of physical and mental loss.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant was frighten between the victims to commit an indecent act, ② the victim I ceased to commit an indecent act in the course of committing an indecent act against the victim H, ② the victim I was frighted by reporting the mobile phone light that he was frightened, ③ the victim I told that he was involved in the indecent act, ③ the victim I went out of the water surface, and ④ the victim escaped with the record of damage. The Defendant’s physical and mental loss is not seen at the time.

Therefore, the above argument by the defendant and defense counsel is without merit.

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) concerning the selection of punishment, Article 298 of the Criminal Act (a quasi-indecent 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 (The following favorable circumstances):

1. The punishment of sexual assault crimes and orders to provide community service and attend lectures;