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

1. On October 03, 2016, around 08:30 on October 03, 2016, the Defendant: (a) went to the “E” operated by the victim D located in Geumcheon-gu Seoul Metropolitan Government; (b) the said singinger’s employees, who heard the horses that “no customer will receive the customer due to the completion of his/her business”; and (c) thereby, the Defendant destroyed the singer’s total market value of KRW 1.5 million, which is the victim’s ownership, and the telephone, television, and singing machines, etc. located therein, by lowering the floor.

2. The Defendant, at the same time and place as set forth in paragraph (1), committed an indecent act by force, at the same time and place as set forth in paragraph (1), committed an indecent act against the victim F (the age of 31), who is an employee of the said singing room, escaped by the Defendant, with the intent to force the victim to commit an indecent act against the out-of-the-age victim, and by inducing the victim to attract the victim’s face to the face of the victim, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police against D;

1. Investigation report (verification of the amount damaged by property);

1. Application of CCTV video-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The scope of applicable sentences under law: Imprisonment for one month to 13 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: The crime of indecent act by force [types] and the crime of indecent act by force (subject to at least 13 years of age) committed in general by force (type 1): the mitigated elements of punishment; the mitigated elements of punishment (the area of recommendation and the scope of recommendations); the mitigated scope of punishment; the mitigated area of imprisonment with prison labor; one month to one year;

B. Concurrent Crimes: Property damage crimes [type 1] mitigated elements, such as damage to property, etc. [Special Sentencing Persons] mitigated elements: In the area of mitigation [the area of recommendation and the scope of recommendation] mitigated range, one month to six months of imprisonment.