The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 18, 2017, around 13:45, the Defendant committed an indecent act on the part of the victim E (21 years old) by forcing the victim E (21 years old) to take charge of the victim’s sexual intercourse in his/her hands before the “D” restaurant located in Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the victim, in this court and investigative agency, has consistently and specifically stated the victim’s sexual organ at the time of the appearance of the victim, the content of the damage, the situation before and after the crime, and the situation before and after the victim’s indecent act, and the defendant’s act immediately after the crime, and there are no other circumstances that make the victim’s sexual organ known.

In light of the attitude of the victim's statement in this court, the victim's statement is reliable.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act by force against the victim.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

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Reasons for sentencing

1. The basic area (6 months to 2 years) of the first type of indecent act (general indecent act by force) under the general criteria of the scope of the recommended punishment according to the sentencing guidelines shall be the basic area (6 months to 13 years).