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

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

Punishment of the crime

On November 27, 2014, the Defendant collected losses from G K K K K K K K sing room located in F at the same time on November 27, 2014, and stored them into the inner part of the victim H (the age of 20). When the victim refuses to do so, the Defendant collected the losses again into the inner part of the victim and carried out two times the victim’s right chests.

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

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. Each prosecutor's statement of H, K, J and L;

1. Each report on investigation;

1. The contents of M messages [in determining the credibility of the statements made by the victim, etc. supporting the facts charged] include not only whether the contents of the statements conform to the rationality, logic, and morality of the statements themselves or the rule of experience, or conforms to the statements made by a third party, or whether they conform to the witness evidence or a third party’s statement before a judge, but also the appearance or attitude of the witness being sworn in the open court after taking an oath before a judge and considering all the circumstances that make it difficult to record in the witness examination protocol, such as a penlance of the statement, etc., the credibility is assessed (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). If the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there is any other evidence that it is objectively deemed that there is no credibility in the statements made by the witness from an investigative agency and some of the above facts charged (see, e.g., Supreme Court Decision 2012Do2631).