A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 30, 2016, around 22:40, the Defendant committed an indecent act by force on the part of the victim E (the named name, the 53 years of age) who works at a certain place with 'D S Sari or 'D Sari' located in Bupyeong-si, Seocheon-si, 2 times the shoulder part of the victim E (the 53 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes [the defendant and his/her defense counsel]

In light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, and thus, the above assertion cannot be accepted.

The reason for sentencing [Scope of Recommendation] In the event that the exercise of the force of force in the area of special mitigation (one month to one year of imprisonment) (special mitigation) (a person subject to special mitigation) (a person subject to special mitigation) under the general standard is considerably weak, the defendant has denied the sentence in the initial investigation even though the defendant intentionally committed an indecent act against the victim (a decision of sentencing) and even though he had recognized the CCTV image to show it, it cannot be said that the crime has been seriously divided even though he did not reach an agreement with the victim, there was no effort to recover damage.

Provided, That the degree of violence and prosecution committed by the defendant is not strong, and the same criminal record or fine is imposed.