A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at around 04:00 on October 18, 2012, at the “E restaurant” restaurant operated by the Defendant, including the victim, at around 04:0, 04:00, the Defendant reported that the victim talks with the Defendant’s vessel at the front toilet of the restaurant while drinking alcohol with 5-6 persons, including the victim, and the victim talks with each other, and made the victim go through the way in front of the restaurant, and used the victim’s face at one time in front of the restaurant, and used the victim’s face at one time in front of the restaurant. The Defendant continued to catch the victim’s right shoulder at one time, and, at the same time, brought the victim’s face to the restaurant, “at the same time as that of the passenger’s head, body, and bridge, etc.”

이어서 피고인은 쓰러져 있는 피해자를 잡아 일으켜 식당 앞 도로에 주차되어 있던 피고인 차량 조수석에 태워 피고인의 주거지로 운전하여 가는 도중 차를 세우고, 발로 피해자의 머리와 뒤통수 부위를 수회 때리고, 피해자를 조수석 바닥에 무릎을 꿇게 하고, 발로 피해자의 머리 부위를 수회 걷어찼다.

As such, the Defendant committed an indecent assault against the victim for about 42 days and led the victim to the “malopic scaloptysis,” which requires the victim’s treatment for approximately 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A medical certificate (C) and a written opinion (C);

1. Application of Acts and subordinate statutes to each photograph;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment;