A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a student of the same school club as the victim B (a family name, a female, 19 years of age).

피고인은 2019. 8. 21. 05:20경 동아리 술자리를 마친 이후, 술에 취한 피해자를 자신의 주거지인 원주시 C아파트 D호로 데리고 간 뒤 침대에 누워 있는 피해자를 보고 갑자기 피해자의 가슴을 주무르고 혀로 피해자의 젖꼭지를 핥아 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to B (alias) and E;

1. - The application of tape-record laws and regulations.

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;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [it is deemed that there are special circumstances that may not disclose or notify personal information in light of the following, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, the type and process of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the order to disclose or notify information, the prevention of the sex offense subject

1. Employment of the Defendant is to be taken into comprehensive consideration the Defendant’s age, family environment, and social ties, records, criminal records, details and motive of the crime, methods and consequence of the crime, risk of recidivism, risk of employment restriction order, preventive effect of sexual crimes that may be achieved by the Defendant’s disadvantage due to employment restriction order, etc., in light of the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by December 11, 2018) and the proviso of Article 59-3(