Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 25, 2016, at around 02:15, the Defendant was forced to commit an indecent act against the victim D (V, 22 years of age) who was in front of the right side of the Defendant, when the Defendant was on board the elevator on the seventh floor of the building C in Sungsung City, and arrived at the first floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement of E and D;

1. Application of investigation reports, CCTV images of elevators to Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's assertion did not contain the defendant's body in the course of the defendant's attempt to get off the elevator, and even if there was a domestic act, the defendant did not have the intent of indecent act by compulsion due to the act occurred in the course of the defendant's attempt to get off the elevator

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim consistently stated that “the defendant committed an indecent act against the victim’s body at the elevator in a manner that embardes the victim’s macks the victim’s mack,” and the victim does not have any reason to make any false statement about the victim’s macks the victim’s mack or macks with perjury, and the victim’s statements are not likely to be false. In light of the victim’s attitude of statement in this court, the victim’s statements are credibility in the statement; ② Edo witness, police, and this court.