Text
1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 22, 2014, around 22:10, the Defendant committed an indecent act by force against the victim by taking the hand of the victim E (the victim 24 years old), who is his own employee, in the “D” room located in Daegu-gu, Daegu-gu, Daegu-gu, about September 22, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a investigative report (Attachment to a photograph by capturing the said images);
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act
In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.
Since it is judged, no order of disclosure or notification shall be issued to the defendant.
Reasons for sentencing
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the basic area (six months to two years) of the indecent act committed by general compulsory persons (the person who is subject to special sentencing];
2. Circumstances in light of the circumstances - the reflectivity, absence of previous convictions for the same kind of offense - None of the circumstances unfavorable to the victim - Other circumstances of the defendant's age, sex, health conditions, family environment, and crime.