A defendant shall be punished by imprisonment for not less than eight 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 2015. 10. 12. 14:00경부터 16:00경까지 사이에 서울 동작구 C 부근 노상에서, 그곳을 걸어가던 피해자 D(여, 31세)을 발견하고 손으로 피해자의 손목을 잡아 위 C 뒤편 주차장으로 끌고 간 다음, 갑자기 피해자의 뒤에서 양손으로 피해자를 안으면서 피해자의 가슴을 주무르고 성기를 피해자의 엉덩이에 갖다 대고 비볐다.

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

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes concerning D police statements;

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 (The following favorable reasons for sentencing) shall be suspended from execution;

1. Although the sentencing of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes does not focus on the degree of indecent act committed on or around July 2000, the victim did not want to have a strict punishment against the defendant, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, if the conviction on the crime committed in the judgment that is a sex offense subject to registration of personal information, such as the defendant's age, occupation, character and conduct, family relation, becomes final and conclusive.

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.