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

The Defendant is a professor and a faculty member of D University E Campus Ecki College F and a faculty member of D University in Sejong-si, who has the authority to examine his/her graduates in the fourth-year course, and the victim G (V, the age of 21) is a student in the fourth-year course.

On May 29, 2014, in the preliminary examination process for graduation around 12:00, the Defendant: (a) stated that “the victim did not properly prepare for graduates”; (b) stated the graduated works on the same day; and (c) entered the victim into a teaching and research room.

At around 18:00 on the same day, the Defendant talked about the graduateds and courses of the victim in the teaching and research room of the Defendant, and opened the victim's knee and knee, knee and bucks.

Accordingly, the Defendant committed an indecent act by force on those who are subject to their protection and supervision due to their duties, employment or other relations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (teleline investigation), a report on investigation (in-house visit investigation), and a report on investigation (Evidence List No. 21)

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [the Defendant and his/her defense counsel] asserts to the effect that the Defendant’s act does not constitute “defensive force”. In addition, the crime of indecent act committed on the part of the Defendant is established in a case where he/she commits an indecent act by deceptive means or by force against a person under his/her protection and supervision due to his/her duties, employment and other relation. In such a case, “defensive force” is a type of force sufficient to suppress the victim’s free will.