A defendant shall be punished by imprisonment for one year.

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

Criminal facts

피고인은 2018. 4. 13. 10:30 경 서울 용산구 B에 있는 C 호텔 지하 1 층 남성 사우나 수면 실에서, 자고 있는 피해자 D(18 세) 의 옆으로 가서 손으로 피해자의 젖꼭지 부위를 만지고, 혀로 피해자의 젖꼭지 부위를 핥고, 피해자의 바지를 벗긴 후 손으로 피해자의 성기를 만지고, 성기를 피해 자의 입 안에 넣고 위아래로 움직였다.

As a result, the Defendant used the victim's mental and physical loss to put the victim's sexual organ into the victim's mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to voluntary accompanying reports and written statements;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment; social ties; criminal record and recidivism risk; (c) profits and preventive effects expected from an order to disclose or notify the information; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the accused’s personal information;

[Determination]

1. Grounds for sentencing under Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018) on the Protection of Children and Juveniles from Sexual Abuse, which is subject to employment restriction order

1. Imprisonment with prison labor for a legal term of not less than one year;

2. From one year to two years of imprisonment with prison labor on the sentencing guidelines (in the case of rape with adult quasi-rapes, it shall be included in the first category of rapes, and the lower limit and the upper limit of sentence shall be considered to be mitigated.