준강제추행
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
At around 03:10 on October 7, 2015, the Defendant committed an indecent act against the victim by using an influenced state of the victim E (the 21-year old age), where the Defendant was divingd at the seat next to the Defendant’s seat, around the time the train passed from the measure source to the tent section, and by using an influenced state of the victim E (the 21-year age)’s unfluent resistance, and then covering the Defendant’s diving to the left left buckbucks of the victim.
Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes of evidentiary documents;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration shall be subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act
The grounds for sentencing [the scope of recommended punishment] general standards for the crime of indecent acts by force (13 years or more).