A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

피고인은 2019. 5. 4. 21:40경 대전 서구 B 앞 도로에서 술에 취하여 배회하던 중 혼자서 귀가하던 피해자 C(여, 20세)을 발견하고 뒤따라가 갑자기 피해자의 어깨를 감싸안아 추행하고, 깜짝 놀란 피해자가 소리를 지르며 반항하자 이를 제압하기 위하여 피해자의 입을 손으로 막고, 어깨를 눌러 바닥에 넘어뜨린 다음 얼굴과 입을 주먹으로 3~4회 때려 피해자에게 약 22일간의 치료가 필요한 하악 좌측 견치 이탈구 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A criminal investigation report (in the situation at the time of dispatch to the site), a criminal investigation report (CCTV tracking), a criminal investigation report (in the reverse tracking of the moving route), a criminal investigation report (in the reverse tracking of the suspect), a criminal investigation report (in the reverse tracking of the suspect), a criminal investigation report (in the presence of the victim's multi-child photo), and a criminal investigation report (in the telephone report of the victim);

1. Application of the Acts and subordinate statutes on CCTV in the course of a crime, a field photograph, a CCTV-cap photograph, a CCTV-cape photograph before and after the crime, a CCTV-cape photograph, a mobile route (E) photograph prior to the crime, a photograph (Evidence No. 19), a photograph (Evidence List No. 19), a CCTV image CD in the course of a crime, or a CCTV-book in the stowing site;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The 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 the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;