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 2014. 12. 21. 15:25경 안동시 B에 있는 ‘C사우나’ 찜질방 3층 수면실에서 술에 취해 잠을 자고 있던 피해자 D(20세)을 보고 피해자를 추행하기로 마음먹고, 피해자가 입고 있던 반바지와 팬티를 벗기고 입으로 피해자의 성기를 빨고, 혀로 귀와 입 부위를 핥았다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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

The reason for sentencing [Scope of Recommendation] General Standard of Punishment of Indecent Act by Indecent Acts (subject to the age of 13) is that there is no basic area (6-2 years) (6-2 years) (decision of sentence] [decision of sentence] Imprisonment with prison labor for six months, the defendant committed the instant crime despite the criminal records of the same kind of crime, and the victim's mental damage was not significant, and other favorable circumstances that are favorable to the confession and reflect of all the instant crimes, character and conduct, and other circumstances that are favorable to the defendant.