A defendant shall be punished by imprisonment for not less than eight 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

1. A quasi-indecent act by compulsion on May 13, 2019, the Defendant, at the main point of “C” operated by the Defendant located in Mapo-gu Seoul Mapo-gu Seoul, committed an indecent act by force against the victim, who was unable to return home while drinking together with the victim D (name, leisure, age 26) on several occasions, and was under the influence of alcohol by preventing the victim from returning home while drinking together with the victim D.

2. The Defendant, at around 09:10 on the same day as paragraph (1), committed an indecent act by compulsion by force by inserting the victim under the influence of alcohol on the Defendant’s house located in Mapo-gu Seoul Mapo-gu, by inserting his hand into the victim’s seat, and inserting his hand into the victim’s house.

Defendant

Judgment on the Defense Counsel's argument

1. Although the alleged defendant's act of indecent act by compulsion as stated in the criminal facts No. 1 of the judgment of the court below was only limited, there was no intention to commit indecent act by compulsion as stated in the crime No. 2 of the judgment below. However, since the defendant was mistaken for and had a physical contact with the victim at the time, there was no intention to commit indecent act.

2. Determination

A. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this court concerning quasi-indecent acts, it is recognized that the Defendant had the intent to commit quasi-indecent acts by force.

Therefore, the above argument by the Defendant and the defense counsel is difficult to accept.

1) At around 03:00 on the day of the instant case, the victim was mixed with “F” (Seoul Mapo-gu G and 1st floor) at the main point that he operated on the instant day. Meanwhile, the Defendant was operating a mutual main point of “C” (Seoul Mapo-gu) in the vicinity of the said main point. On the other hand, around 03:00 on the instant day, the Defendant demanded the victim to open a door to the victim to report that “F” was flicking around the instant day. 2) The victim did not run the main place of business.