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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim B (for example, inn, 24 years old) are workplace clubs working in the same restaurant.

1. On October 24, 2020, the Defendant drinking the victim and drinking in the Seo-gu Standing District of Gwangju on October 01:0, 2020, and, after standing the Defendant’s car driven by a proxy engineer with the victim, was sitting into the back seat of the Defendant’s car driven by the proxy engineer, with the victim, the Defendant laid the victim’s chest into three times by extending back his/her hand to the front seat of the company in Gwangju North-gu, Gwangju, and turned down the victim’s chest by getting the victim’s finger to reject it and put him/her to his/her hand.

2. 피고인은 2020. 10. 26. 00:30 경 광주 광산구 C 앞 도로에서, 피고인은 자신의 승용차 운전석에 앉아 있고 피해자는 위 차량 뒷좌석에 앉아 있는 상태에서 갑자기 몸을 뒤로 돌려 피해자의 손을 잡아끌고 뽀뽀를 해 달라는 시늉을 하며 피해자를 향해 입술을 내밀었다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (tentative name);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

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

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (indecent act by force) (a) sex offense;

(b) Crimes of indecent conduct by force (subject to at least 13 years of age) / [Class 1] General compulsory indecent conduct [person subject to special sentencing] mitigation elements: The area of mitigation of punishment [the area of recommendation and recommendation range], the area of mitigation of punishment [the scope of punishment and recommendation range], January through one year;

(b) Type 2 crimes (indecent acts by force). General standards for sex offenses;

B. In the case of forced indecent conduct (subject to 13 or more years of age) [Class 1] General compulsory indecent conduct (person with special sentencing factors): In the case where the degree of conduct is weak, punishment is not to be imposed.