A defendant shall be punished by imprisonment for not less than eight 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

1. On August 22, 2019, the Defendant committed a crime around 03:31, 2019, around August 22, 2019, at around 03:31, at “C” located in Gangnam-gu Seoul, to have a victim with no name (here, age), who was written in the Switzerland, forced the victim to commit an indecent act by force, and the victim’s left hand, led the victim to an indecent act by force.

2. 2019. 8. 22. 03:37경 범행 피고인은 2019. 8. 22. 03:37경 전항 기재 장소에서 스텝 출입구에 서 있던 피해자 D(여, 30세)을 강제로 추행하기로 마음먹고 피해자의 뒤를 지나가면서 오른손으로 피해자의 엉덩이와 성기 부위를 움켜쥐어 피해자를 강제로 추행하였다.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the victim's photographs, field photographs, CCTV images (No. 14), notification of the result of video appraisal, and CCTV images (quality improvement, No. 18) of the defendant's partial statement in the court of law;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles, the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 56 (1) of the Welfare of Disabled Persons Act

1. In full view of all the circumstances, including the Defendant’s age, family environment, social relationship, expected profits and preventive effects due to an order of disclosure and notification, and disadvantages and side effects arising therefrom, the following are comprehensively considered: (a) there is no history of criminal punishment by the Defendant under Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the registration of personal information and taking courses for sexual assault treatment.