A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The phrase of the facts charged was revised to the extent that it does not infringe on the defendant's defense right.

1. On July 17, 2018, at around 11:43, 2018, the Defendant: (a) discovered a victim (e.g., 20 years of age) who was under the influence of alcohol while sitting in B at the convenience store “C”; (b) attempted to have the victim aboard the vehicle and commit an indecent act; and (c) took the drunk victim into his/her own vehicle and driven the vehicle.

Accordingly, the defendant kidnapped the victim for the purpose of committing an indecent act.

2. The Defendant, as described in paragraph 1, has kidnapped the victim under the influence of alcohol, and, on the same day, was asked to request the victim to get off from the victim who was seated at the top of the driver’s car operation on the cafeteria at 12:00 East-si. D on the same day, the Defendant, who was forced to commit an indecent act, became the victim’s chest by his own hand.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement;

1. Statement made by the police at each time;

1. 112 Report sheet for handling of reported cases, and voice files filed for reporting 112 victims;

1. CCTV images front of a convenience store;

1. Application of the Acts and subordinate statutes governing the black stuff images and recording records;

1. Relevant provisions of the Criminal Act concerning the crime, Article 288(1) of the Criminal Act (the crime committed for the purpose of abduction) and Article 298 of the Criminal Act (the crime committed by compulsion and the choice of imprisonment);

1. The former part of Article 37 and Article 38 (1) 2 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of kidnapping in which punishment is no longer imposed) of the aggravated Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant shall be a sexual crime before committing the instant crime).