Defendant shall be punished by imprisonment for not less than two years and six months.

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

On October 14, 2015, around 01:10, the Defendant stated in the indictment that “the Defendant committed an indecent act by force against the victim E (the 43-year old-old), who is his own employee, by putting the left hand of the victim E (the 43-year-old), and putting the chest back, and forced the victim to commit an indecent act by force. As such, the Defendant committed an indecent act against the victim by force.” However, the Defendant stated in the indictment that “the Defendant committed an indecent act by force against the Defendant, not intentionally committing an indecent act by force, but by applying the result of aggravated indecent act by force.” However, the Prosecutor’s indictment that the Defendant charged the instant crime by force against the offender by force, thereby correcting the indictment ex officio.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Police investigation reports (Attachment to medical treatment sets) and application of Acts and subordinate statutes to prosecution investigation reports (the confirmation of the status of the victim);

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (except for a defendant who has been sentenced once to a fine for the last ten years, the defendant has no record of other criminal punishment; the fact that the defendant can expect the effect of preventing recidivism of the defendant to a certain extent by taking lectures in registering personal information and taking lectures in treating sexual assault; the background, means, and result of the crime recorded in the records of this case