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

피고인은 2016. 10. 9. 23:42 경 익산시 B에 있는 피해자 C( 여, 19세) 이 종업원으로 근무하는 D 주점에서 피해자에게 귓속말을 하자며 피해자의 귀에 입술을 문지르고 강제로 입을 맞추려고 하여 이에 놀란 피해 자가 피고인을 뿌리치자 순간적으로 오른손으로 피해자의 왼쪽 가슴을 만졌고, 계속하여 위 술집 여자 화장실에서 용변을 보고 나오는 피해자에게 담배꽁초를 던지고 욕설을 하여 피해자의 반항을 억압한 후 손으로 피해자의 왼쪽 가슴을 만졌다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where the judgment of conviction is final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Articles 47(1) and 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 the head of the competent police office pursuant to Article 43 of the same Act.

The reason for sentencing [Scope of Recommendation] The general standard is that there is no person who does not have the basic area (6 months to 2 years) (6 months to 2 years) of the crime of indecent conduct by force (subject to 13 years or more) (the person who is subject to special sentencing] [decision of sentence] the defendant has the record of committing the same kind of crime, and the degree of the indecent conduct in this case is not easy.

However, in consideration of the agreement with the victim in the trial process, the sentence of imprisonment with prison labor for six months shall be sentenced to two years.