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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.
Reasons
Punishment of the crime
피고인은 2012. 6. 23. 12:55경 서산시 C 찜질방 3층과 4층 사이 계단 공간에서 그곳에서 잠을 자고 있는 피해자 D(여, 20세)을(를) 발견하고 욕정을 일으켜 그녀를 강제추행할 마음을 먹고 그녀의 옆에 누운 다음 손으로 피해자의 가슴과 허벅지 안쪽을 쓸 듯이 만지고 자신의 성기 부위를 피해자의 엉덩이에 대고 3회 가량 비볐다.
Accordingly, the defendant was locked by the victim, and was forced to do indecent act by using the state of non-oper.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A complaint filed in D;
1. Application of statutes on site photographs;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting a crime.
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the fact that the defendant reflects the crime, that one million won is deposited for the victim, and that the defendant is disabled and has difficulty in economic conditions);
1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;
1. Inasmuch as a judgment of conviction was rendered against a defendant who shall submit personal information under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station as prescribed in Article 33 of the same Act