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

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

Punishment of the crime

On October 30, 2015, the Defendant, at around 18:40 on October 30, 2015, committed an indecent act by force against the victim D (nor, 59 years of age) operated by Seongbuk-gu Seoul Metropolitan Government “a teahouse” with the victim while drinking alcohol together with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted that there is no fact that the defendant had the victim's chest and the sex.

However, the credibility of statements made by the victim in the court and the police is recognized in light of the following facts: the defendant's act, damage content, the fear and response of the victim, the situation before and after the crime, and the fact that there seems to be any circumstance to be false in the victim's statement.

Therefore, according to each evidence of the judgment, the application of the law is sufficiently recognized that the defendant committed an indecent act against the victim.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

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

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.

In conclusion, the reasons for sentencing [the scope of recommended punishment] are the main factors of sentencing following the decision of the basic area (6 months to 2 years) of sentencing (the general compulsory indecent act).