A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant committed a crime against the Victim B (M, E, 25 years of age, and U.S. nationality) at around 05:45 on July 7, 2019, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government between the same day and around 05:45 on July 7, 2019, committed an indecent act by force against the Victim, following the Victim’s back to the victim, only caused the Victim’s death.

2. The Defendant committed the crime against the victim E (the victim, 28 years of age, and the Republic of Korea nationality) committed an indecent act against B at the time and place described in the preceding paragraph, such as the time and place mentioned in the preceding paragraph, and the victim who was in the neighborhood committed an indecent act by force against the victim due to the victim’s blickness.

Summary of Evidence

1. Each legal statement of witness B and E;

1. Statement made by the prosecutor and the police concerning B;

1. Statement made by the police for E;

1. Determination as to the assertion by the Defendant and defense counsel of CCTV images CDs inside D

1. The summary of the assertion is that the defendant committed an indecent act against the victims as stated in the facts charged.

2. Determination

A. The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in light of the empirical rule, and the victim’s statement does not clearly indicate the motive or reason to make a false statement unfavorable to the defendant, the victim’s credibility of the statement shall not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). (b) Taking into account the following circumstances revealed by the evidence duly adopted and investigated by the court, it is recognized that the victims were forced to commit an indecent act as stated in the Defendant’s judgment.

Defendant

The above assertion by the defense counsel is not accepted.

1) The victims committed an indecent act by the Defendant at the time of the instant case, consistently from the investigative agency to the present court, by deceiving the victims’ interest.

Specifically, the statement was made.

It was false that the victims had not experienced directly.

It is difficult to find a special motive or reason to suspect.

2) Specifically victims E.