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

At around 04:55 on December 1, 2018, the Defendant, at the male surface room of “C Sarina,” located in the second floor of Seongbuk-gu Seoul building B in Seongbuk-gu, Seoul, the Defendant: (a) took advantage of the side of the victim’s name and unfluor (the 30 presumed male) and attempted to commit indecent act by force by force; (b) the victim’s name and unfluor’s sexual part was met by the victim’s sexual part; (c) the victim’s body was returned to the victim’s attempted injury; (d) the victim’s D (the 48 years old)’s sexual part was fluor; and (d) the Defendant’s sexual part was fluored by force, and the victim’s sexual part was fluord by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the draft D;

1. The applicable legal provisions on criminal facts under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act, and the choice of imprisonment with labor for each of the following reasons:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59-3(1) of the Welfare of Disabled Persons Act, and Article 59-3(1) of the Act on Special Cases Concerning the Punishment, etc. of the Act on the Protection of Children and Juveniles against Sexual Abuse, appears to be against the Defendant’s wrong intent to commit the instant crime. In light of the circumstances favorable to the Defendant, the instant crime was committed by the Defendant in attempted to commit an indecent act against the victims on two occasions in the door or the water surface, which is the place where the Defendant is used for public use and committed an indecent act against the victims, and thus, it appears that the victims were unlikely to feel sexual humiliation or mental shock. Even though the Defendant had had had had had had the record of suspending indictment for the same offense, the Defendant again led to the instant crime.