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

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

Punishment of the crime

1. 준 강제 추행 피고인은 2017. 9. 25. 07:38 경 김포시 C 건물 외곽 계단에서, 술에 만취하여 잠이 든 직장 동료인 피해자 D( 여, 22세) 의 바지와 팬티를 벗긴 다음 피해자의 음부에 얼굴을 들이대고, 목, 배꼽을 핥는 등 추행하였다.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) taken photographs of the Defendant’s cell phone camera, with the date and time, place, as described in the above paragraph (1), as well as as panty thereof.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A protocol of seizure and a list of seizure;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes to a report on investigation (limited to field photographs, black stuff images, and sound photographs of suspect cell phones);

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) concerning the selection of punishment for sexual crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Community Service or Order to attend a lecture;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act shows the attitude of both recognizing and opposing the Defendant’s mistake.

There is no record of punishment prior to the instant case.

The agreement was reached with the victim.

However, in the situation where the victim, who was also his or her own interest-friendly relationship, lost his or her mind in his or her natives, committed an indecent act against the victim to a considerable extent, and taken the records of the victim.

2.2.2