A defendant shall be punished by imprisonment for not less than one year and six 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 October 3, 2014, at around 13:55, the Defendant committed an indecent act by force against the victim, by putting the victim off clothes of the Defendant, on the ground that “I n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of F;

1. Each police statement made to I and H;

1. The defendant and his/her defense counsel on the investigation report (in-depth CCTV and witness investigation) and defense counsel's assertion that the defendant was in a state of mental disorder by making a statement that he/she had no accurate memory at the time of committing the crime.

According to the above evidence, although it is recognized that the defendant had drank a little amount of alcohol at the time, in light of various circumstances, such as the background and means of the crime of this case, the defendant's behavior before and after the crime of this case, and the degree of defendant's memory as to the crime of this case, the above assertion is rejected, since it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of crime

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 have no record of punishment for a sex crime before committing the instant crime.