A defendant shall be punished by imprisonment for six 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 2016. 3. 11. 22:20경 서울 강남구 B 지하1층에 있는 ‘C노래연습장’ 앞 입구 계단에서 위 노래연습장으로 들어가려던 중 마침 피해자 D(여, 18세)이 위 노래연습장에서 나오는 것을 발견하자 피해자를 막아서며 “어 아가씨 어디가 ”라고 말하며 팔뚝 부위로 피해자의 왼쪽 가슴 부위를 한 차례 비비고, 계속하여 놀란 피해자가 뒤로 물러서자 “아가씨 어디가시냐고 ”라고 말하며 재차 팔뚝 부위로 피해자의 가슴 부위를 비볐다.

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

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to the extent and degree of indecent conduct, previous records of such act and the fact that there is no record of criminal conduct above the suspended execution);

1. When a conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 the accused is obligated to submit personal information to the competent authority pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.