A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant and the victim B (the age of 24) are people among male-speakers and visitors in the underground of the D hotel in Yongsan-gu Seoul Metropolitan Government.

피고인은 2018. 11. 18. 07:20경 위 사우나 수면실에서 잠을 자고 있던 피해자를 추행할 것을 마음먹고, 피해자의 옆으로 다가가 피해자의 바지 속으로 손을 넣어 성기를 만지고 피해자의 목 부위를 핥았다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting a crime.

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Korean language is not smooth so it is difficult to expect an effect of preventing recidivism through order to complete program, and there are special circumstances in which order to complete program cannot be imposed

1. In full view of the following circumstances: (a) the reason for sentencing of the Defendant’s employment is that the degree of indecent act in this case’s case’s reason for sentencing is not easy; (b) the fact that the Defendant’s employment did not reach an agreement with the victim is recognized and reflected in the crime; and (c) the fact that there was no record of punishment before entering the Republic of Korea in 2016 that there was no record of the instant crime, such as the Defendant’s nationality, age, character, conduct and environment, etc., under favorable circumstances, such as the Defendant’s age, environment, occupation, expected to be effective in preventing recidivism by registering personal information; and (d) the Defendant’s disadvantage and anticipated side effects.