A defendant shall be punished by imprisonment for six 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

피고인은 2013. 7. 18. 21:30경 구미시 C에 있는 D식당에서 술을 마신 후 대리운전 기사인 피해자 E(여, 47세)를 불러 같은 동에 있는 동부늘푸른아파트 앞 도로에 주차된 피고인의 F 산타페 승용차 운전석까지 걸어간 후 운전석에 탑승한 피해자로부터 “타세요, 멀리 있어서 시동이 안 걸리네요”는 말을 듣고 피해자를 추행할 마음을 먹고, 운전석 문을 연 다음 좌측 손으로 시동 버튼을 누르는 시늉을 하면서 피해자의 좌측 가슴을 1회 움켜잡아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of witness G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the E statement section);

1. Partial statement of the police interrogation protocol of the accused (including the E Statement);

1. Application of each police protocol of statement to E, H and G;

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. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) the Defendant and his defense counsel denies the Defendant’s assertion of indecent act by compulsion; (b) the victim is consistently stated in lieu of the Defendant’s indecent act as indicated in the reasoning from the police to this court; (c) the details of the statement are detailed and detailed; (b) H at the time as an acting driver did not regard the Defendant’s chest from the police; (d) however, he was placed in the Defendant’s body with the driver seat seat seated by the victim; (e) the statement on the witness’s body is consistent with the victim’s statement; and (e) the statement on the witness’s body, such as the victim’s statement, stating that he was “at the time of the commission of the Defendant’s act,” is consistent with the victim’s statement.