강제추행
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 this judgment becomes final and conclusive.
Punishment of the crime
On August 3, 2019, the Defendant entered the Republic of Korea on August 3, 2019 to travel along with his/her family as a foreigner of the nationality of Saudi Arabia, and was accommodated in B hotel C in Jung-gu, Seoul on the same day.
At around 19:10 on August 5, 2019, the Defendant: (a) asked the victim D (the 27-year old) who is an employee of the hotel to open the guest room because there is no passenger room kisk; (b) brought the victim from the 18th floor on the part of the Defendant and the Defendant’s living together; (c) opened the defendant’s cell phone call while the Defendant’s living together with the Defendant, the victim opened the guest room door to the above Defendant; (d) opened the victim’s arms into the guest room; (e) opened the victim’s arms into the guest room; and (e) opened the victim’s arms to the victim’s body; (e) prevented the victim from moving the victim’s arms to the second hand of the other victim’s body; and (e) opened the victim’s chest and the 27-year old; and (e) continued to bring the victim into the two arms.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police statements made to D;
1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment
1. Article 62 (1) of the Criminal Act;
1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (it is determined that there are special circumstances in which it is impossible to impose order to complete program on a foreigner, because the defendant is unable to expect effectiveness of re-offending through a program
1. The 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 Act on Welfare of Persons with Disabilities have led to the instant crime.