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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal records] On September 21, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of conflict, etc. by the Jeju District Court on September 21, 2016, and the execution of the sentence was terminated at the Mapo Prison on March 19, 2017.

[ 범죄사실] 피고인은 2018. 4. 4. 경 전 남 해남군 옥천면 해 남로에 있는 해 남 교도소 B 호실 내에서, 같은 호실에 수감 중이 던 피해자 C( 남, 28세 )를 뒤에서 껴안고 양다리로 피해자의 허리를 감 싸 꼼짝 못 하게 하여 반항을 억압한 뒤, 양손을 피해 자의 겨드랑이 사이로 넣어 피해자의 가슴을 수회 주무르고, 성기를 피해 자의 엉덩이 부위에 대고 수회 비볐다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer with respect to C, D, E, F, and G;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and each investigation report (No. 21 and 22) Act and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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 (the disclosure and notification of registered information should be prudent as it may have a significant impact on the defendant. The crime in this case occurred in a special space called correctional institution, the degree of conduct is relatively minor, the defendant is led to the confession of the crime in this case, and other circumstances revealed in the records, such as the content and circumstances of the crime in this case, the anticipated side effects that the defendant suffers and may be achieved by the disclosure order, and the preventive effect of the sexual crime in this case.