A defendant shall be punished by imprisonment for not less than eight 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 충주시 B 소재 C병원 605호에 입원한 환자였는바, 2014. 8. 1. 18:00경 위 병실에서 간호조무사 실습을 나온 피해자 D(여, 18세)이 침대 시트를 정리하는 사이 피해자에게 “내가 여기서 실습생들을 많이 꼬셨다.”라고 말하면서 순간적으로 손바닥으로 피해자의 엉덩이를 2~3대 툭툭 치면서 만져 피해자를 강제추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic 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. Where a conviction becomes final and conclusive on the criminal facts subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 accused is obligated to submit personal information to the head of a competent police office

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 entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] the general standard for the crime of indecent act by force (subject to the age of 13 or more) is one year in the mitigated area.