A defendant shall be punished by imprisonment for not more than ten 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 2020. 2. 23. 11:39경 성남시 수정구 B에 있는 ‘C사우나’ 남자 수면실에서, 피해자 D(남, 24세)가 그곳 바닥에 매트를 깔고 잠을 자고 있는 것을 발견하고 피해자의 옆으로 다가가 피해자의 상의를 걷어 젖꼭지와 겨드랑이 부분을 손으로 쓰다듬고 만지고, 계속해서 피해자의 팬티 속으로 손을 집어넣어 피해자의 성기와 고환을 잡고 주물렀다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance to resist or the state of mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under the main sentence of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The age, home environment and family environment of the defendant exempted from the employment restriction order.