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 April 11, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Incheon District Court on April 11, 2016, and the above judgment was finalized on April 19, 2016.

On February 16, 2016, at around 21:30, the Defendant, while drinking alcohol with the victim E (man, 54 years of age) in LbBC located in Nam-gu Incheon Metropolitan City, the Defendant: (a) was refused from the victim despite the victim’s demand for sexual intercourse; (b) led the victim to a refusal despite the victim’s demand for sexual intercourse; (c) led the victim to a suppression of resistance, such as, at the time of making the victim’s side side of the victim’s left side by making the victim’s side of tea and drinking, the inside of the victim’s inside the floor fall short of the floor; and (d) committed an indecent act by forcing the victim by gathering the victim’s house inside the victim’s entrance by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A medical certificate of injury (E);

1. 현장 및 절단된 혓바닥 사진, 피의자 E의 얼굴 부위 사진

1. Notification to the department related to the report of 112 case;

1. Previous convictions in the judgment: one copy of a reply to inquiry, such as criminal history (A), a report on investigation (Attachment to the records of the judgment of the case concerned), and the text of the judgment (the defendant and the defense counsel claimed that the defendant was naturally gathered by the victim, and that there was no indecent act against the victim like the above criminal facts.

The victim E made a concrete statement in the investigative agency and this court about the situation at the time of the crime pattern and overall case. There is no doubt that the statement is consistent in the main part and is false.

As a result of the examination of evidence, the defendant is acknowledged to have committed an indecent act against the victim as stated in the above criminal facts.

Application of Statutes

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Registration and enrollment of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;