A defendant shall be punished by imprisonment for four months.

Punishment of the crime

피고인은 2014. 7. 22. 01:00경 수원시 영통구 C에 있는 피고인의 집에서, SNS로 알게 된 피해자 D(남, 18세)와 술을 마시다가 가슴 마사지를 해주던 중, 피해자가 거절 의사를 명확하게 밝혔음에도 피해자의 가슴을 입으로 핥고 이어서 하의를 벗긴 후 성기를 빠는 등 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (including hearing of telephone statements);

1. Article 298 of the Criminal Act applicable to the crimes;

1. The crime of this case committed on the basis of the Defendant’s tendency, motive, circumstance, process, etc., where the existing sexual assault treatment program, which is premised on a sexual crime between the two crimes, is deemed not necessary, and the order to complete the program is not imposed pursuant to the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the crime of this case was committed on the same sex.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.