Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant B, the period of three years from the date this judgment became final and conclusive.

Punishment of the crime

Defendants are not aware of each other.

Defendant

A은 2015. 8. 16. 04:40 경 부산 해운대구 G에 있는 ‘H’ 찜질 방 6 층 남자 목욕탕의 수면 실에서, 나체 상태로 누워 잠을 자고 있는 피해자 I(23 세 )에게 다가가 손으로 피해자의 몸을 더듬었고 잠에서 깬 피해 자가 이를 살짝 뿌리치자 계속하여 손으로 피해자의 우측 팔 부위를 쓰다듬고 피해자의 젖꼭지를 꼬집었고, 이를 본 피고인 C, 피고인 B은 이에 가세하여 각각 순차적으로 입으로 피해자의 가슴과 성기를 빨고, 피고인 A도 피해자의 성기를 빠는 등 피고인들은 합동하여 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the same Act)

1. Suspension of execution (Defendant B) Article 62(1) of the Criminal Act (The following consideration has been made for 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 committed against an order to attend a course or order to complete

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Exemption from Disclosure Orders, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants’ age, occupation, risk of recidivism, type and motive of the instant crime, process of crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendants’ entry due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, and the effect of protecting the victims thereof, shall not be disclosed or notified.