A defendant shall be punished by imprisonment for six 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 2019. 6. 29. 04:35경 대구 수성구 B에 있는 ‘C’ 식당에서, 나이트클럽에서 만난 피해자 D(여, 32세)의 일행들과 함께 술을 마시며 이야기를 하던 중 손가락으로 피해자의 젖꼭지를 1회 찌르고, 좌측 옆구리를 2회 찔러 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. CCTV closure photographs;

1. Application of CCTV-related Acts and subordinate 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;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is an indecent act by force of the victim, and considering the fact that the Defendant is recognized as substitute for the crime, that there is no same criminal record, and that the victim is not subject to punishment against the Defendant by agreement with the victim (as of February 7, 2020), a sentence identical to the order shall be imposed on the Defendant.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, even if the accused is subject to an order to register personal information and attend a lecture