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.

피고인은 2015. 7. 23. 01:00 경 수원시 권선구 F에 있는 ‘G 주점 ’에서, 술값을 계산하는 과정에서 갑자기 위 술집의 종업원인 피해자 H ( 여, 30세) 의 엉덩이를 만지고, 두 손으로 피해자의 얼굴을 잡은 후, 혀를 피해 자의 입에 집어넣고, 혀로 피해자의 목부터 얼굴까지 핥는 등 피해자를 추행하였다.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the witness H, I, J, and K;

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

1. Each police statement made to H, I, and J;

1. A H statement;

1. Application of the Acts and subordinate statutes in part of recording notes and recording reports;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

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

1. Judgment on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. The summary of the argument is only based on the victim's face due to the problem of the alcohol value, and there is no fact that the defendant commits an indecent act against the victim.

2. Determination

A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and the rejection by causing a suspicion with no reasonable ground for the probative value of evidence shall not be allowed as exceeding the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers not to all questions and correspondences, but to the reasonable doubt as to the probability of a fact that is inconsistent with the facts that are necessary in accordance with logical and empirical rules, and such doubt is merely based on conceptual or abstract possibility, and it shall be included in a reasonable doubt.