A defendant shall be punished by imprisonment for not less than eight months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 30, 2017, from around 05:30 to around 06:00, the Defendant: (a) prevented the victim C (the 22 years of age) who was coming into a bank in E located in the atomic-si, from leaving the bank; (b) prevented the victim from leaving the bank; and (c) committed an indecent act by force against the victim by getting the victim into the part of the knife after having the knife and let the knife and let the knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The written statement by the police against C (the defendant and his defense counsel are argued to the effect that the defendant is unable to memory the crime, but because of the same-sex, he did not commit the crime of this case against a female. However, the victim's statement is consistent as well as the victim's statement is consistent, since the victim's false report to the defendant or false statement to the defendant unfavorable to the defendant has no reason to make the victim's false statement, and therefore, the victim'

A judgment is made, and there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by force (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). Thus, the above sexual orientation by the defendant does not interfere with the establishment of the crime.

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. Article 16 (2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the materials submitted by the applicant for compensation alone are not clear in the scope of liability for damages). Thus, it seems reasonable for an applicant for compensation to recover damages through other legal remedies, such as civil procedure, etc.