A defendant shall be punished by imprisonment for not more than ten 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. 11. 21 06:30경 수원시 영통구 B건물 C 사우나에 들어간 후, 그곳 6층 히노끼방에서 잠을 자고 있어 항거불능 상태에 있던 피해자 D(가명, 여, 23세)의 왼쪽 허벅지를 혀로 핥았다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by D or E;

1. Application of Acts and subordinate statutes to field photographs, card receipts, CCTV editing photographs, and written gene appraisal;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (in addition, the defendant's age, family environment, family relationship, family relationship, social relationship, relationship with the victim, circumstance and consequence of the instant crime, prevention of sexual crimes that can be achieved by an order to disclose or notify information, protection effect of the victim, degree of disadvantage and anticipated side effects of the defendant's entry, etc. are comprehensively taken into account the following circumstances:

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused shall obtain personal information prescribed in Article 42(1)