The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

On September 7, 2018, the Defendant was sentenced to six months of imprisonment for special intimidation at the Seoul Northern District Court and two years of suspended execution, and the said judgment became final and conclusive on September 15, 2018 and is currently in the grace period.

피고인은 2019. 4. 15. 01:00경 서울 강북구 B 지하 1층 피해자 C(여, 63세) 운영의 D노래방에서, 위 노래방 카운터 앞 테이블에 앉아 있던 피해자의 옆에 앉아 피해자에게 '오늘 나랑 같이 자자, 죽어도 너랑 같이 자야겠다, 내 성기 속에 있는 정액을 꼭 빼야한다‘라고 이야기하면서 손으로 피해자의 왼쪽 손목을 잡아 자신의 성기에 수회 가져다 댔다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement prepared in C;

1. A report on investigation (on-site CCTV investigation) and a photograph of the screen of the on-site CCTV images attached thereto;

1. Previous records of judgment: Application of inquiry reports, including criminal records, and investigation reports (the fact that the period of suspension of the execution of a suspect is in progress and the fact that a trial is pending);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Persons with Disabilities recognized the Defendant as substitute for the instant crime, under the circumstances favorable to the Defendant, under which the victim paid KRW 1.5 million to the victim and agreed that the victim expressed his intention not to punish the Defendant, the instant crime was committed by force on the ground that the Defendant was somewhat drunk, and thus, is deemed to have caused the victim to feel sexual humiliation and mental shock, and the Defendant was currently under suspension of the execution of imprisonment with prison labor due to the crime committed before the judgment.