A defendant shall be punished by imprisonment for not more than ten 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 February 3, 2019, at around 03:40, the Defendant committed an indecent act by force against the victim, on the part of the victim D (name, leisure, 20 years old) who was diving, by holding the chests of the victim D (name, age 20) who was divingd in Gwangju City, in his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Determination on the assertion of the accused and the defense counsel under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities Act ( December 11, 2018), the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities

1. The Defendant alleged that he intentionally delivered the victim’s chest as stated in its reasoning.

2. Determination

A. The credibility 1 of the victim’s statement is consistent and consistent with the facts charged on behalf of the witnesses, including the victim, and the victim’s statement should not be rejected without permission, unless there exist any separate and reliable data to deem the credibility of the statement objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Furthermore, the victim’s statement related to the instant crime is not readily denied solely on the ground that the statement is consistent with the major part of the statement, such as the lack of somewhat consistency in the statement on other minor matters (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008). 2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the victim’s statement related to the instant crime is sufficiently reliable.

(1) The victim shall make soup soup, soup, the method of indecent act by the defendant, the developments leading up to the shot and diving at the time of damage, the appearance and behavior of the defendant, the actions taken by the victim, and the subsequent conditions.