준강제추행
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is the first time between the victim B (the family name) and the victim.
On September 26, 2019, the Defendant: (a) around 06:10 to 07:00 on September 26, 2019; (b) around Suwon-si C; (c) reported the victims locked within the Drupbato; and (d) continued to include the grandchildren into the victim’s upper part, and continuously included them into the victim’s lower part.
Accordingly, the Defendant committed indecent act by taking advantage of the victim’s non-performance situation.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes on site photographs and CCTV images to captures;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information
In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, disclosure notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the offense subject to registration, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, the Defendant is not subject to disclosure order, notification order and employment restriction order.
The defendant, on the grounds of sentencing, committed the above crimes in the public, and thereby, he saw the victim as sexual humiliation.