A defendant shall be punished by imprisonment for one year.

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 2018. 9. 16. 17:00경 광주 서구 B에 있는 C 남탕 수면실에서 자려고 누워 있는 피해자 D(가명,18세,남) 옆에서 누워 있다가 갑자기 혀로 피해자의 팔 부위를 입술로 핥고 계속하여 피해자의 바지를 내린 후 피해자의 성기를 입으로 빨아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes, such as CCTV photographs, the transmission of the results of the search of database on DNA identification data sources, and replys to requests for appraisal (2018-W-5725);

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;

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Reasons for sentencing favorable to the defendant: The defendant's mistake is recognized; the defendant has agreed with the victim; the defendant has been punished for suspension of execution of the same kind of crime even in 2015; the victim is merely 18 years old; and the defendant's conviction against the defendant is confirmed as a person 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 related agencies pursuant to Article 43 of the same Act.