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

Defendant

겸 피보호관찰명령청구자(이하 ‘피고인’이라 한다)는 2018. 11. 5. 14:30경 대구 동구 B에 있는 'C' 분식집 앞에서 떡볶이를 주문하고 기다리고 있는 피해자 D(가명, 여, 21세)를 보고, 갑자기 피해자의 왼쪽 엉덩이를 손바닥으로 1회 쳐 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (in light of the fact that the accused is a second-class disability, it is deemed difficult to expect the effect of preventing recidivism of sexual crimes through an order to attend a lecture normally or an order to attend a lecture, and thus, it is deemed that there

1. In light of all the circumstances, such as the Defendant’s age, family relationship, and social relationship, etc., the effect of preventing recidivism is likely to be achieved by the registration and probation of personal information against the Defendant in light of the following: (a) disclosure and notification order, and 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) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the effect of preventing sexual crimes is expected to be achieved by the Defendant compared to the anticipated side effects that the Defendant would suffer due to the disclosure and notification order and the employment restriction order.