A defendant shall be punished by imprisonment with prison labor for up to 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

On March 21, 2015, around 01:30, the Defendant committed an indecent act against the victim E and F, respectively, by taking dancing at the “D’s drinking house located in Seojin-gu Seoul Special Metropolitan City C7 on March 21, 2015 (Inn, 19 years old) behind the victim E (the 19-year-old), using approximately 3 minutes of dancing while driving the victim’s upper part of the body and her hand towards the back and her part. The Defendant committed an indecent act against the victim E and F, respectively, by taking two chests of the victim F (the 19-year-old age-) back to the upper part of the victim F.

Summary of Evidence

1. Each legal statement of E, F and G;

1. Each police statement made to E and F;

1. Determination of the defendant's assertion on the investigation report (related to the non-existence of additional victims)

1. The gist of the assertion is that the victim committed an indecent act at the time.

2. The reliable evidence of the instant case is the E and F’s each investigative agency and legal statement, G’s legal statement, each of these statements is specific and alternative, consistent with the Defendant’s unfavorable statement, etc.

In full view of the following circumstances acknowledged by the evidence, such as E and F’s investigative agencies and legal statements, namely, the victim E and F committed an indecent act at the time, and immediately left the scene, and the Defendant was found to have been subjected to yellow color, only the Defendant left the site after the instant crime was committed, and the Defendant who returned to the scene was deprived of the victims, it can be sufficiently recognized that the Defendant committed an indecent act by force as stated in the facts charged at the time.

Application of Statutes

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

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. Where a conviction against the accused is finalized on the facts constituting a sex offense subject to the registration of personal information, the accused shall be a sexual crime.