A defendant shall be punished by imprisonment for six 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

1. 강제 추행 피고인은 2017. 1. 1. 03:00 경 대구 남구 D 건물, 305호에 있는 피고인의 여자친구 E의 주거지에서, 여자친구 E, 피해자 F( 여, 23세) 와 함께 술을 마신 후 잠을 자려고 누워 있던 중 피고인의 옆에 있던 피해자의 가슴을 손으로 만지고, 계속하여 피해자의 옷 속으로 손을 넣어 피해자의 젖꼭지를 만진 후 피해자의 고무줄 바지와 팬티 속으로 손을 넣어 피해자의 음부를 만지는 방법으로 피해자를 강제로 추행하였다.

2. On August 2, 2017, the Defendant, at around 20:40, found in the “H” restaurant female toilets located in Jung-gu Daegu-gu, Daegu-gu, the victim C lost his/her resident registration certificate, two national cards, and one new card.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, E, or C;

1. A president of the F;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, Article 298 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the aggravation of concurrent crimes with severe punishment and the sum of the long-term punishments of each crime, which are prescribed for the crime of compulsory indecent acts with heavier punishment);

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

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.