A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a foreigner of Indonesia nationality, who is a seafarer of the ‘C' of implied port shipment.

On May 18, 2016, the Defendant requested the direction of the way in the commercial building to the victim E (V, 14 years old) who is an employee working for the same restaurant in the same commercial building.

Although the Defendant found a marina business place located on the third floor of the above commercial building where the Defendant was found at the time, the Defendant 1 was on board again the elevator, which was set to the first floor, with the victim, and the elevator door was closed, the victim's only with the victim's hand, and forced him/her to wear the part of the victim's neck with the victim's own hand, with the victim's chest hand, and the victim's chest was frighted with the victim's breast part with his/her left hand, and committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the F;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the crime [Selection of imprisonment] prescribed in Article 298 of the Criminal Act [the defendant himself/herself was aware that the victim was a juvenile under the influence of alcohol;

However, the victim's age is not only 14 years of age at the time of the instant case, but also based on the form of the victim confirmed by CCTV image, the victim appears to be a juvenile, and the above assertion is not accepted.

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant does not facilitate communications with foreigners of Indonesia nationality in Korean; and if this judgment becomes final and conclusive, it is highly likely that such foreigners will be forced to leave the Republic of Korea pursuant to the Immigration Control Act.