A defendant shall be punished by imprisonment for four 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. 5. 18. 00:00경부터 같은 날 01:48경까지 사이에 서울 광진구 B모텔 C호에서, 술에 만취하여 잠이 든 피해자 D(가명, 여, 26세)의 입에 키스를 하고, 피해자의 상의와 브래지어를 위로 올린 후 피해자의 가슴을 손으로 만지다가 입으로 빤 다음 피해자의 팬티 속으로 손을 집어넣어 피해자의 성기를 만졌다.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The first written statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (referred to 22,23,27,28 of the evidence list);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Imprisonment with prison labor for a period of one month to ten years;

2. Reduction elements of the first type (special multiple-class reduction elements): Imprisonment with prison labor for not more than one year (the range of recommending punishment): Reduction area of punishment (the range of recommending punishment): Imprisonment with labor for not more than one year;

3. Determination of sentence [Incompetence] In light of the background and content of the instant crime, the degree of indecent act, etc., the nature and circumstances of the crime are not good.

The victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

[Modern circumstances] There is no record of criminal punishment except as sentenced to a fine due to the crime of spreading obscene materials around 2012.

The crime of this case is committed.