A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant was able to talk with the victim B (for example, 24 years of age, name) and the instant app through the instant app, which was known through the instant app.

1. 강제추행 피고인은 2020. 3. 13. 17:50경 경산시 C에 있는 ‘D식당’ 주차장에 주차된 피고인 운전의 E 소나타 차량 안에서 조수석에 앉아 음악을 들으며 눈을 감은 채 잠들기 직전인 피해자를 보고 위 피해자를 강제추행하기로 마음먹고 갑자기 손으로 피해자의 머리를 쓰다듬고 피해자의 귓불을 만지고, 피해자의 목에 입을 맞추며 피해자를 강제추행하였다.

2. At around 19:20 on the same day as the above facts charged, the Defendant: (a) reported the above victim, who was locked in the front of the same place; and (b) used that the victim was diving, attempted to commit an indecent act against the victim; (c) laid down two of the victim’s clothes in the victim’s clothes; and (d) laid down his hand outside the victim’s hub, and continued to place the victim’s chest into the victim’s chest by gathering the hand outside the victim’s boom; and (c) on the same day, 19:20 on the same day, the Defendant got the victim’s

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the chief of the accusation and the police statement concerning B (tentative name);

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of a punishment, Article 299 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Welfare of Disabled Persons Act shall be applied to the registration and submission of personal information.