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

피고인은 2014. 5. 20. 01:10경부터 02:10경 사이에 안동시 C에 있는 ‘D’ 4층 수면실에서 그곳에서 잠을 자고 있는 피해자 E(22세)를 보고 추행할 마음을 먹고, 피해자 옆에 누워 손을 바지 속으로 넣어 피해자의 성기를 만지고, 피해자의 오른쪽 젖꼭지를 입으로 빨아 공중이 밀집한 장소에서 피해자를 추행하였다.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E;

1. Report on the occurrence of the case (the defendant and his defense counsel denies the crime of this case to the effect that the victim brought about his sexual organ by taking the defendant's hand against him and that the defendant did not commit an indecent act against the victim. However, although the victim's statement is specific and the victim's statement did not peep, the victim's assertion by the defendant and the defendant's defense counsel shall not be accepted in light of the fact that the victim's statement did not particularly p

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. In full view of all the circumstances such as the Defendant’s age, family environment, the benefits and preventive effect expected due to the disclosure or notification order of this case, and disadvantages and side effects, it is difficult to conclude that the Defendant’s personal information has a risk of sexual assaulting or re-offending due to the lack of the record of punishment for sexual assault crimes, and the Defendant’s age, family environment, and the disclosure order of this case or notification order of this case, the reason for sentencing is that there is a special circumstance that the disclosure or notification of the Defendant’s personal information should not be made.