A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2013. 12. 8. 08:10경 대구 중구 C에 있는 D사우나 남자수면실에서, 알몸인 상태로 잠을 자고 있던 피해자 E(25세)의 뒤에서 손으로 위 피해자의 허벅지를 쓰다듬고, 다른 손으로 위 피해자의 엉덩이를 잡고 입으로 위 피해자의 항문을 수회 핥아 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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. Where a conviction of a sexual crime of this case, which is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant constitutes 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 thus is obligated to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for the sentencing [decision of the type] the general standard of the crime of indecent act by force (subject to the age of 13) and the general standard of the crime of indecent act by force (decision of the recommended field] basic area [the range of recommendations] 6-2 years [the general person] - the aggravated factor.