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

1. 준강제추행 피고인은 2019. 4. 28. 06:00경 서울특별시 송파구 B 모텔 C호에서 휴대전화 채팅 어플을 통해 알게 된 피해자 D(가명, 23세)이 피고인과 함께 마신 술에 취해 잠이 들자 피해자의 젖꼭지를 핥고 피해자의 성기를 입안에 넣어 추행하였다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

2. 강제추행 피고인은 위와 같은 날 08:00경 위와 같은 장소에서 위와 같은 피해자가 잠이 깨어 피고인이 자신의 신체를 만지는 것을 거부하였음에도 계속해서 피해자의 젖꼭지를 핥고 손으로 만져 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes to report on investigation (the verification of the number of Bauries);

1. Relevant legal provisions concerning criminal facts, Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend a lecture are as follows: (a) the nature of the crime in light of the content of the crime in this case and the mental impulse and a sense of sexual shame that the victim experienced; (b) the Defendant did not receive a letter of usage from the victim; (c) the Defendant’s confession and reflects each of the crimes in this case; (d) the Defendant has no record of criminal punishment; and (e) other circumstances revealed in the records and arguments, such as the background of the

If a conviction on the crime of this case to be registered and submitted becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.