A defendant shall be punished by imprisonment for six months.

except that 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

1. 피고인은 2013. 1. 10. 04:40경 화성시 C 사우나' 3층 스낵 코너에서, 바닥에 누워 잠을 자고 있던 피해자 D(여, 35세)에게 다가가 피해자의 음부와 사타구니를 양손으로 만져 피해자를 강제로 추행하였다. 2. 피고인은 제1항의 일시에 위 사우나 2층에 있는 ‘여성전용수면실'로 들어가, 그 곳에서 잠을 자고 있던 피해자 E(여, 53세)의 치마를 걷어 올린 다음 양손으로 피해자의 다리를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to investigation reports;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes against D resulting in Indecent Act by Compulsion which is more severe than the circumstances)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) The decision on a basic crime: the crime of indecent act by compulsion on D as indicated in the holding [decision of type], crime of indecent act by compulsion (subject to 13 years of age or older), general indecent act by compulsion (subject to 13 years of age or older), case where the degree of indecent act by compulsion is weak (subject to mitigation factors, act person), [general person] - serious reflectivity (subject to mitigation factors, actr/other person] - Imprisonment with prison labor for one month or from one year (subject to mitigation)

(b) Concurrent Crimes: A sex offense against E indecent act by compulsion (determination of type), a crime of indecent act by compulsion (subject to 13 years of age or older), a general indecent act by compulsion (type 1), a case in which the degree of indecent act by compulsion is weak (the elements of mitigation, the person who committed the act in general), - a serious reflectivity (requirements of mitigation, the person who committed the act/other person) [the scope of recommending punishment] 1 month to 1 year (the area of mitigation);

C. The scope of revised recommendations: imprisonment of one month to one year.