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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.
Reasons
Punishment of the crime
1. 강제 추행 피고인은 2018. 7. 19. 00:30 경 대구 동구 C에 있는 ‘D’ 식당에서 술을 마시다가 화장실로 가 던 중에 그 곳 카운터 부근에 서 있는 종업원인 피해자 E( 여, 19세 )를 발견하고 피해자에게 다가가 갑자기 양손으로 피해자의 허리를 잡고, 피해자가 “ 하지 마 ”라고 소리치자 다시 손으로 피해자의 엉덩이를 툭 치듯이 만져 피해자를 강제로 추행하였다.
2. The Defendant, at around 01:00 on the same day, demanded that a customer who had drinking alcohol at the above place above, was her seat on the side, but was under the influence of alcohol by refusal, and the victim F (the 20 years of age) who was the customer, was under the influence of alcohol, and was in bad to turn back to his house, and committed assault against the victim on the ground that the victim was her face by hand.
3. The Defendant: (a) was drunkd at a time, at the same time, and at a place as set forth in the foregoing paragraph (2) and obstructed the business of a restaurant operated by the victim G by avoiding a disturbance of about 30 minutes, such as booming the table table, which was located there, on the ground that the said table was bad, and booming the table, and booming the customer, and booming the customer, and assaulting the customer, as prescribed in the foregoing paragraph (2).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made in relation to F, E, and G;
1. Application of the Act and subordinate statutes to the investigation report (as to the attachment of field CCTV photographs);
1. Relevant Article 298 of the Criminal Act, Articles 260 (1) and 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant, on November 11, 2016, was sentenced to a suspended sentence of six months for an injury, etc. at the Daegu District Court on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Sexual Crimes, and is sentenced to a suspended sentence of six months.