A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Criminal facts

[2017 Highest 3320] On June 3, 2017, the Defendant found the victim C who returned home at around 03:00 on June 3, 2017 (the age 21) and tried to commit an indecent act by force, and led the victim to drive away from the behind the victim's behind Gangseo-gu, Seoul, and subsequently, committed an indecent act by force against the victim by forcing the victim's chest by force, so long as the victim's neck was forceed by selling his arms.

[2017 고단 4399] 피고인은 2017. 6. 26. 03:16 경 귀가하던 피해자 E( 여, 21세 )를 발견하고 강제 추행할 것을 마음먹은 후 서울 강서구 F 아파트 704 동 앞에 이르러, 피해자를 뒤에서 껴안으며 “ 너, 나 알지 ”라고 귓속말을 하면서 피해자의 가슴을 만져 피해자를 강제로 추행하였다.

Summary of Evidence

[2017 Highest 3320]

1. Statement by the defendant in court;

1. Statement made by the police against C [2017 senior group 4399];

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Scope of the recommended sentences according to the sentencing criteria;

A. (1) On June 3, 2017, the basic area (6-2 years to 13 or more) of the crime of indecent act by force (basic crime) committed on June 3, 2017 (the scope of recommending punishment) (the scope of punishment) No. 1 of the crime of indecent act by force (the crime of indecent act by force subject to 13 or more years of age) (no person subject to special sentencing) (2) of the crime of indecent act by force on June 26, 2017 (the scope of recommended punishment) (the crime of indecent act by force subject to 13 or more years of age) (no person subject to special sentencing) in the basic area (6-2 or 2 years) of the crime of indecent act by force (the person subject to 13 or more years of age);

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to three years.

2. In addition, the defendant's decision to punish the victims of the site where he was born more than twice in the middle of the trial, and the degree of such indecent act is not easy, and in particular, the defendant's indecent act against the victim C is the victim.