A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

1. 준 강제 추행 피고인은 2016. 7. 시간 미 상경 청주시 흥덕구 B 모텔 C 호실에 피해자 D( 가명, 여), 피해자의 남자친구 E, 피고인의 여자친구 F과 함께 투숙하여 술을 마시고 놀다가 피해자가 술에 취하여 침대에서 잠이 들자 손으로 피해자의 상의 위로 가슴을 만지고, 피해자의 상의 안으로 손을 넣어 가슴을 만지고, 이불 속으로 손을 넣어 피해자의 하체를 만지고, 피해자의 상의를 올려 피해자의 가슴이 드러나게 한 후 손으로 피해자의 젖꼭지를 만져 피해자의 항거 불능 상태를 이용하여 피해자를 추행하였다.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing, such as cameras);

A. The Defendant, at the time and place specified in the above 1. Paragraph (1) above, taken video images against the victim’s will in the entire process of committing an indecent act against the victim, such as the Defendant’s cell phone camera.

B. On August 2016, the Defendant was taking part in the Defendant, E, G, H, etc.’s video images taken by the victim, as described in the foregoing 2-A, using a mobile phone (on a part of time).

I provided a job against the victim's will at the victim's rooms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and E;

1. Application of the Acts and subordinate statutes to investigation reports (report on the investigation of moving pictures taken by the person under investigation);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment, respectively;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are ordered to restrict employment: the defendant commits an indecent act against the victim under the influence of alcohol as well as the above indecent act.