A defendant shall be punished by imprisonment for not more than ten 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 is a proxy driver.

피고인은 2018. 5. 30. 22:10경 천안시 서북구 불당동 인근 도로에서 청주시 청원구 오창읍 부근까지 피해자 B(가명, 여, 25세)의 요청을 받고 피해자 소유의 스파크 차량을 대리 운전하여 가던 중 피해자를 강제추행할 것을 마음먹고, 피해자에게 “하룻밤에 남편하고 몇 번이나 성관계를 하냐, 이렇게 몸이 말라서 남편하고 하룻밤에 2번 관계를 할 수 있겠느냐.”라고 말하고, 갑자기 오른손으로 피해자의 허벅지 안쪽을 주무르듯이 만지고, 계속하여 오른손으로 피해자의 오른팔을 주무르듯이 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. The written statement made by the police against B;

1. A written statement under B;

1. Report on internal investigation (related to the specification of personal information of the suspected victim), report on internal investigation (related to the photograph of the driver's license of the suspected victim);

1. Application of the statutes governing the external appearance of victim vehicles and photographs taken inside;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, January 16, 2018), Article 56 (1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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, even though the Defendant had a past record of sex offense, and the Defendant’s personal information is registered in light of the details and methods of the instant crime.