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
At around 01:50 on December 8, 2013, the Defendant: (a) expressed the victim’s desire to “Islebbbbbbbs and drinking parts of the victim’s bucks, which were driven by the victim B (the 53 years of age) in the interest village located in the interest village located in the Seongbuk-gu, Seo-gu, Seo-gu, So-gu, Seoul; and (b) expressed the victim’s desire to “Islebsbs and drinking parts of the bit bitbs.”
Summary of Evidence
1. Defendant's legal statement;
1. As to the Defendant’s assertion on the police statement statement No. B regarding the instant crime, the Defendant asserts that he was in a state of mental disorder by drinking alcohol at the time of the instant crime, in light of various circumstances, such as the background, means, and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, the Defendant’s assertion cannot be accepted.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. Scope of recommendations on the sentencing guidelines - range of recommendations on sexual crime group, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), type 1 (general indecent act by indecent act by compulsion), type 1 (unlimited to punishment), month of imprisonment, one year of suspended execution: (unlawful cause) more than twice, criminal records, lack of social relationship, lack of alcohol addiction / (esteem reason), serious reflectivity, and registration of personal information on contingent crimes.