1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 31, 2016, at around 04:00, the Defendant committed an indecent act by force against the victim D (22:3) who was suffering from diving in Seo-gu, Seo-gu, Gwangju (203) by inserting his hand into the victim's lower part of the victim's seat, booming the sexual flag and return, and taking the knife with his hand the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the prosecution with regard to D;

1. Determination as to the assertion of the defendant and defense counsel in each police statement protocol against D and E

1. Defendant and his defense counsel’s assertion

A. The Defendant only committed an indecent act against the victim’s sexual organ and the return of the victim’s sexual organ by hand as stated in the judgment, and did not commit an indecent act against the victim’s sexual organ and the return of the victim’s sexual organ as stated in the judgment.

B. At the time of the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to the symptoms of a steel bottle, exemption clothes, etc.

2. Determination

A. In a case where a witness’s statement, including the victim, is generally consistent and consistent with the facts charged, as to whether the Defendant committed an indecent act as indicated in the facts charged, it shall not be rejected without permission, unless there exists any separate evidence to deem the credibility of the statement objectively and objectively. The mere fact that the witness’s statement is consistent in the main part of the statement, and there is little consistency in the witness’s statement concerning other minor matters, does not unreasonably deny the credibility of the statement (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). However, according to each of the above evidence duly adopted and investigated by the court, the victim D is consistent with the victim’s act of indecent act by the Defendant at investigation agency and this court, and its subsequent circumstances are specific and consistent, and its statement is consistent with the E’s statement.