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 택시기사로, 2019. 4. 6. 20:20경 부산시 부산진구 B을 운행중이던 C 택시 내에서 갑자기 조수석에 탑승한 승객인 피해자 D(여, 21세)을 향해 몸을 돌린 후 “안전벨트가 잘 매어졌는지 보자”며 손으로 조수석 안전벨트를 잡아당기는 시늉을 하며 피해자의 가슴 부위를 기습적으로 만져 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. 112 Report disposal slips;

1. Application of Acts and subordinate statutes on reports on the occurrence of accidents;

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

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend;

4. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 56(1) 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 Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

In full view of the Defendant’s age, occupation, family environment, social relative relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.