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

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

Punishment of the crime

On December 12, 2015, around 00:56, the Defendant discovered the Victim E (22) who was making telephone conversations on the road in the Dong-gu Seoul Special Metropolitan City on the roads of “Dju” located in the Dong-gu Seoul Special Metropolitan City on December 12, 2015, and had the intent to commit an indecent act by force, and the Defendant followed the victim “Is the married person?”

"In the end, the body of the victim should not be covered by both arms, and the victim's left side should be bleeped to the defendant.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. The result of reproduction and viewing of CCTV images [the defendant and his defense counsel shall be denied that there is no fact that the victim E was forced to commit an indecent act as stated in the facts constituting the crime in the judgment of the defendant;

However, in a case where the victim’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without any separate evidence to deem the credibility of the victim’s statement objectively and objectively (see Supreme Court Decision 2004Do362, Apr. 15, 2005, etc.). According to each of the above evidence duly adopted and investigated by this court, the victim E has made a specific and consistent statement in this court and investigation agency as to the act of indecent act by the defendant, before committing the act of indecent act by the defendant, and after committing the act of indecent act by the defendant, it is consistent with the reproduction, viewing result, and any other circumstance where the victim E’s statement by committing an indecent act by the defendant, is consistent with the victim E’s statement. Thus, the credibility of the statement can be acknowledged.

According to the statements of the victim E with credibility, as stated in the judgment of the defendant, the above defendant's act constitutes a forced indecent act that infringes on the victim E's sexual freedom, since it is recognized that the defendant's physical body of the victim E should not be covered as an event of tangible force against the victim E's will, like the facts of the crime in the judgment of the defendant.