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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Punishment of the crime

피고인은 2017. 11. 17. 21:50 경 진주시 C에 있는 ‘D’ 주점에서, 지인과 술을 마시던 중 그곳 종업원인 피해자 E( 여, 19세) 이 피고인의 테이블에서 서빙을 하자 피해자에게 “ 피부색이 하얗다 ”라고 말하며 갑자기 왼손으로 피해자의 엉덩이부터 허벅지 뒷부분까지 쓸어 내리고 엉덩이를 문지르면서 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. On-site photographs;

1. 112 A list of reported cases;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Investigation of witnesses and telephone communications);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 16(2), main sentence of Article 16(3), main sentence of Article 16(4), and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - The defendant who is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where this judgment becomes final and conclusive, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant shall not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.