A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 강제 추행 피고인은 2017. 11월 중순 16:00 경 아산시 D에 있는 E 식당 테이블 앞에서 피해자 F( 여, 69세) 와 마주보고 농담을 하던 중 갑자기 손으로 피해자의 오른쪽 가슴을 움켜쥐어 2회 만지고, 이에 피해 자가 아파하며 “ 왜 이래, 주책 떨고 있어 ”라고 소리를 지르자, 손으로 피해자의 왼쪽 엉덩이를 툭 쳐서 만졌다.

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

2. Around May 19, 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent to the victim images containing a cell phone H on May 19, 201, in the Defendant’s residence located in Asan-si G, a man who appears to be a young child, and sent to the victim images containing a cell phone H on May 15, 2017.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the victim or I by the police;

1. Application of Acts and subordinate statutes to obscene video CDs and H photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and the selection of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures is that the nature of the crime in light of the content of each of the crimes in this case and the mental impulse and sexual humiliation that the victim experienced. On the other hand, the defendant confessions and reflects each of the crimes in this case, and the same crime as this case is committed against the defendant.