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.

1. 피고인은 2016. 8. 1. 03:00 경 부산 해운대구 B에 있는 'C 사우나' 4 층 소금 방 입구에서 누워 잠을 자고 있는 피해자 D(42 세, 여) 을 발견하고 그녀의 등 뒤로 살며시 누워 자신의 성기를 피해 자의 엉덩이 부위에 밀착시켜 수차례 비볐다.

Accordingly, the defendant committed an indecent act against his female by taking advantage of the victim's resistance impossible condition.

2. 피고인은 같은 날 03:09 경 같은 장소에서 누워 잠을 자고 있는 피해자 E(49 세, 여 )를 발견하고 그녀의 등 뒤로 살며시 누워 자신이 입고 있던 찜질 방 반바지를 허벅지까지 내리고 이불로 탈의된 부위를 가린 후 피해자가 입고 있던 찜질 방 반바지 안으로 손을 넣어 엉덩이 부위를 만지고, 자신의 성기를 피해 자의 엉덩이 부위에 밀착시켜 수차례 비볐다.

Accordingly, the defendant committed an indecent act against his female by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (as to the attachment of CDs, etc.), CD attachment, field photograph, investigation report (as to the results of verification of images of a shote);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the Defendant has no record of punishment for a sex offense, and the Defendant’s risk of recidivism of a sexual crime in light of the characteristics of the instant crime, etc.