A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Criminal facts

및 부착명령 원인사실 [범죄사실] 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2013. 9. 28. 16:50경 고양시 덕양구 행신동 180 가라뫼 사거리 부근을 지나는 C 버스 안에서 옆 좌석에 앉은 피해자 D(여, 29세)이 팔짱을 낀 상태로 졸고 있는 것을 보고 손으로 팔짱을 낀 피해자의 왼손 손가락을 만지면서 팔짱을 푼 후, 손으로 피해자의 오른쪽 가슴을 만져 피해자를 강제로 추행하였다.

[Judgment of the court below] The defendant needs to be put on probation while suspending the execution of the sentence, and the electronic tracking device should be attached to confirm the implementation of the rules during the period of probation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The necessity of the attachment of an electronic tracking device during the period of probation: In full view of the following circumstances acknowledged by each evidence and criminal record inquiry, and each statement of an investigation report (attached to a judgment), namely, the Defendant committed the instant crime again during the period of probation, even though he was punished twice for the same kind of crime (one time a fine, one time a suspended sentence), and the Defendant neglected to provide continuous medical treatment, such as the suspension of taking medicine without permission after being diagnosed as a friendly certificate and sexual impulse disorder around 201, it is recognized that it is necessary to attach an electronic tracking device to the Defendant during the period of probation, taking into account the following circumstances.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;