준강제추행
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
around 08:00 on February 15, 2020, the Defendant: (a) placed the victim D (Nam, 19 years of age) who was divingd with her body at the 8th male slelelele or water surface room in Jinju-si B, Jinju-si, Jinju-si; (b) placed the victim’s her her mumm with his her son, thereby promptly entering the victim’s sexual flag.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the statutes on response to requests for appraisal;
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;
2. The crime of this case, which was sentenced to punishment, was committed by an indecent act committed by the victim’s sexual organ who was diving in a sacrife or in the surface of the water, and the nature of the crime is inferior, the agreement with the victim is reached, the first offender, the mental diagnosis and treatment after the crime was committed, and the second offender does not repeat the crime. In full view of the records and various conditions of sentencing as shown in the arguments of this case, the punishment shall be determined as per the order.