Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2016, at around 22:00, the Defendant: (a) placed the victim E (name, bring, 29 years of age) and the husband and wife conference in Geumcheon-gu Seoul Metropolitan Government; (b) placed the victim to the public toilet after the above restaurant; (c) put the victim to the public toilet; and (d) placed the victim in a female toilet.

Since then, the Defendant, by his body, forced the victim to kis on the side of the toilet so that the victim could not resist, and forced the victim to kis, and kis on one hand the chest of the victim with only one hand, and kiste the panty of the victim with another hand, kisced the victim into the panty, and kiscing the victim into the kis of the victim's body, and kisced for 1 to 2 minutes.

Accordingly, the defendant committed an act of putting the fingers into the victim's sexual organ by assault.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement of the police interrogation protocol against the defendant

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Application of the sentencing guidelines [Determination of a type] The general criteria for sex crimes shall include rape (special rape) of Type 1 (special rape) (special rape): The mitigated area of punishment [decision of the recommended area] mitigated area [decision of the recommended area] to not less than 1 year but not more than 2 years, and adult similar rape shall be included in Category 1.