A defendant shall be punished by imprisonment for not less than eight 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

1. On September 15, 2016, the Defendant forced indecent act committed an indecent act on the part of the victim D (the age of 60) who was seated and viewed television at the rest room of the article C located in C in the Kasung C on Sep. 15, 2016 and was sexually committed an indecent act by force on the part of the victim.

2. Although the Defendant was prohibited from reaching the other party any image that may cause a sense of sexual shame or aversion by telephone with intent to arouse or satisfy his/her or other persons’ sexual desire, he/she sent a video image containing a sexual intercourse with the victim as referred to in paragraph (1) via G at a F Terminal located in E around October 12, 2016, around 14:08, at the F Terminal on October 14:08, which led the victim as referred to in paragraph (1) to reach a sense of sexual humiliation or aversion by transmitting the video image containing a sexual intercourse with women and horses to the victim as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, Article 298 of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of arrival of obscene images using communications media), and the choice of imprisonment, respectively;

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 on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant committed an indecent act by forcing the victim’s chest, who is a workplace guard, and transmitted obscene videos to the victim. In light of the content of the crime, the degree of damage to the victim, and the fact that the Defendant did not agree with the victim until now, the crime is not good.

However, considering the fact that the defendant's mistake is recognized, and there is no record of punishment for the same kind of crime prior to this case, the defendant's age, sexual conduct, etc., and all of the sentencing conditions shown in the records and arguments are considered as a whole.