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

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

Criminal facts

피고인은 2018. 5. 3. 05:40 경 서울 중랑구 B 소재 C 식당에서 술에 취해 항거 불능 상태인 피해자 D( 여, 41세) 의 어깨에 손을 얹고, 피해자의 허리를 감 싸 안아 옆에서 껴안고, 피해자에게 3회에 걸쳐 입맞춤을 하고, 피해자의 목 부위에 자신의 얼굴을 가져 다 댔다.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the verification of CCTV images of a crime scene, the investigations of witnesses, the counter investigation of reported persons, and the hearing of reported persons);

1. Application of the Acts and subordinate statutes to the closure of a crime;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( March 13, 2018), the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. One month to ten years in prison labor within the applicable range;

2. One month to one year (the area of mitigation as a victim does not want punishment, because he/she does not want it) from the scope of punishment recommended according to the sentencing criteria;

3. The crime of this case committed in August of the sentence of sentence was committed by the defendant at the first time by approaching the victim under the influence of alcohol in the restaurant, and the nature of the crime is very poor.

The victim suffered significant mental impulses due to the crime of this case.

The defendant has a record of being punished once a suspended sentence and once a fine due to the same crime, and even during the suspended sentence period due to the same crime.