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

피고인은 2019. 6. 21. 02:00경 대전 서구 B에 있는 ‘C노래연습장’에서, 직장 부하직원인 D, D의 친구인 피해자 E(여, 22세)와 함께 노래를 부르던 중 갑자기 손으로 피해자의 머리 부위를 잡아 피고인의 얼굴 쪽으로 끌어당긴 후 피해자의 이마 부위에 3회 뽀뽀를 하면서 피해자에게 귓속말로 “오늘 너랑 같이 있고 싶다.”라고 말하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Two copies of a photograph of the crime scene;

1. A complaint;

1. Application of the Act and subordinate statutes of investigation report (victim’s “E” telephone statement hearing report”)

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Determination as to the assertion by the accused and the defense counsel under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3 (1) of the Welfare of Disabled Persons Act

1. At the time of the summary of the argument, the victim was worn by the victim, and the defendant was only kisk on the part of the victim, not on the part of the victim, and considering the situation at the time, the above act did not constitute a indecent act against the victim's will, and there was no purpose to pursue sexual humiliation for the defendant.

2. Determination

A. The relevant legal doctrine’s indecent act is an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, thereby infringing on the victim’s sexual freedom.

Whether it constitutes such an indecent act is the victim.