A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. 준 강제 추행 피고인은 2017. 9. 30. 01:35 경 수원시 장안구 C 앞에서 만취한 상태로 혼자 앉아 있는 피해자 D( 여, 23세, 가명 )를 발견하고 피해자를 부축하여 200m 떨어진 인근 주차장에 주차된 자신의 E 아반 떼 XD 승용차까지 데리고 가 피해자를 뒷좌석에 눕힌 다음, 피해자의 상의를 위로 올리고 가슴을 손으로 만지고 혀로 핥은 후, 피해자의 바지와 팬티를 내리고 손가락으로 피해자의 음부를 수회 만졌다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

2. The Defendant did an indecent act against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using a camera, etc.) at the rear seat of the said car at the time set forth in the above paragraph 1, and took a video image of the victim’s chests and a part of the sound with the Defendant’s smartphones while engaging in an indecent act against the victim as set forth in the above paragraph 1.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A report on investigation (referring to a report on the results of a request for appraisal by a country);

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

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 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. A crime for which the sentencing guidelines have not been set that there is no basic area (6 months to 2 years) (special sentencing factors) in the basic area (6 months to 2 years) under the category 1 (general indecent act committed by force) subject to the general criteria of the sentencing guidelines (the scope of recommended punishment).