A defendant shall be punished by imprisonment for not less than eight 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 March 22, 2016, around 08:55, the Defendant forced indecent act committed an indecent act by force against the victim C (here, 17 years of age) who wraped tobacco with her fluor in front of Dongdaemun-gu Seoul, Dongdaemun-gu, by reporting the victim C (here, 17 years of age) with her fluor, and by forcing her to commit an indecent act by force, while she thirms the victim’s right side with her hand.

2. The Defendant, at the same time and place as in the preceding paragraph, commits an indecent act against the victim, and then takes the victim’s sexual organ seeing the victim’s behavior behind the victim.

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act (a point of public performance obscenity), 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

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.

(C) The grounds for sentencing

(a) The basic area (6 months to 2 years) of the crime of indecent conduct in force (subject to at least 13 years of punishment) on the general standards;

(b) Public performance and obscenity: Offenses that are not set in sentencing criteria;

(c) Handling multiple crimes: Crimes setting the sentencing criteria and those not set.