A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

피고인은 2019. 1. 28. 22:20경 충주시 B에 있는 ‘C’ 노래 연습장에서, 피해자 D(가명, 여, 55세)의 뒤에서 두 팔로 피해자를 끌어안고, 피해자와 몸을 밀착시킨 후 피고인의 성기를 피해자의 엉덩이에 대고 비볐으며, 이를 피하여 노래방 쇼파에 앉아 있는 피해자를 밀쳐 쇼파 위에 넘어뜨린 뒤 피해자의 몸 위에 올라타 한손으로 피해자의 허벅지 안쪽을 약 5회에 걸쳐 쓰다듬고 마치 성행위를 하는 것처럼 피해자의 몸을 누르는 등 피해자를 강제추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D or E;

1. Application of investigation reports (investigation into the attachment, etc. of statements of witnesses) and witness statements (F)-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restrictions;

1. Grounds for sentencing in full view of the following factors: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure and notification orders; (b) 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 [the extent of a crime committed and an indecent act; (c) method of committing a crime; (d) record of a crime; and (e) the registration of personal information and order to complete a program; (c) the Defendant’s age, social relationship; (d) the degree of disadvantage the Defendant entered by the disclosure and notification order; (d) anticipated side effects; and (e) the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof; and

1. The first type of the sentencing criteria [the range of recommendations] general standards and the crime of indecent act by compulsion (the objects at the age of 13 or more).