피고인은 2016. 7. 4. 02:10 경부터 같은 날 03:10 경까지 사이에 성남시 수정구 C에 있는 ‘D’ 주점 앞 노상에서 독서모임을 통해 처음 만난 피해자 E( 여, 37세 )에게 갑자기 왼팔로 피해자의 오른팔에 팔짱을 끼고 이에 피해자가 팔을 빼면서 피고인에게 하지 말라고

하였음에도 불구하고 다시 왼팔로 피해자의 오른팔에 팔짱을 끼고 왼손으로 피해자의 어깨를 감싸고 피고인 쪽으로 잡아당기는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the Selection of Punishment Act.

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Where a judgment of conviction against a defendant is finalized in regard to a crime that constitutes a sex crime subject to registration and submission of personal information under Article 59(1) of the Criminal Act (the payment of KRW 2 million to the victim by agreement, and all other circumstances, including the fact that the defendant has no record of crime) of the suspended sentence, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43

Provided, That the registration of personal information shall be exempted if the judgment of suspended sentence against the defendant becomes final and conclusive pursuant to Articles 4 and 45-2 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 20, 2016) and if it is deemed that the defendant is acquitted pursuant to Article 60 of the Criminal Act after two years from the date of receiving the suspended sentence.

The extent of disadvantage that the defendant suffers due to the age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, disclosure order or notification order, and the degree of disadvantage that the defendant suffers.