A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On July 1, 2014, the Defendant: (a) around 23:30, at the “E restaurant” operated by the victim D (n, 48 years of age) located in Busan B, the Defendant: (b) committed an indecent act by force against the victim by her her her her m or her m or her m or her m or her m or her m or her m or her m or her m or her part; (c) committed an indecent act by force on the part of the victim; and (d) thereby, the Defendant sustained the victim’s her m or her sm or her sm

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each medical certificate and each investigation report (No. 1 of the evidence list) statute;

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. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing in light of the following: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no same criminal record), profits and preventive effects expected by the disclosure order or notification order of this case (no same criminal record), and disadvantages and side effects resulting therefrom, it is deemed that there are special circumstances in which the defendant’s personal information shall not be disclosed or notified];

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of Recommendation: Imprisonment for two years and six months to four years, and in the case where the result of injury in the mitigated area (a decision of a sentence) occurs, the age of 13 or older / Indecent act by force (general mitigation) shall be set forth in the first category (general mitigation).