The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 26, 2017, the Defendant: (a) around 04:20, at the “C” entertainment week No. 5IP 2 located in Suwon-gu, Busan (hereinafter “C”) around September 26, 2017, performed an act by drinking alcohol with the victim D (the victim’s 44 years of age) who is an employee; (b) sealed the victim’s shoulder; (c) stored the victim into the victim’s shoulder; and (d) removed the victim’s finger, and “buck off” removed the victim’s finger, the Defendant continued to wear the victim’s finger, leading the victim’s hand, and forced the victim to commit an indecent act by inserting the victim’s chest into the victim’s finger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to police statements made to E;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

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Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. The determination of sentence shall be such that sexual humiliation or mental shock may be mitigated;