A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On July 9, 2017, around 07:45, the Defendant stated this part of the facts charged as “I am locked.” However, in light of the Defendant’s statement, etc., the name of the crime prosecuted against the Defendant is “a indecent act by force” and the victim’s statement, etc., the Defendant’s correction ex officio is clearly made as follows: (a) there is no risk of undermining the Defendant’s exercise of his/her right to defense; and (b) there is no risk of undermining the Defendant’s exercise of right to defense.

The victim was forced to commit an indecent act because he/she was seated next to the victim E (the age of 28) and was buckbucks by his/her own hand.

Summary of Evidence

1. Partial statement of the defendant (as at the third public trial date);

1. Legal statement of witness E;

1. Each investigation report (the sequence 2, 5, 12 in the list of evidence);

1. Application of Acts and subordinate statutes, such as photograph of the victim;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the Defendant entered a female water surface room in order to find out a person who was aware of the crime in the judgment of the court below. However, the Defendant did not commit an indecent act against the victim only because the inside of the water surface room is too long so that the victim was satisfyed by water, and the victim was satisfyed.

2. In full view of the following circumstances revealed in accordance with the evidence duly adopted and examined by this court, the victim’s statement that the Defendant committed an indecent act by force due to the victim’s buckbucks’ negligence can be sufficiently believed.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

(1) A victim;