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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 15, 2016, at around 20:57, the Defendant was forced to commit an indecent act on the part of the victim D (n, 35 years old) located in Jinju-si, and caused the victim’s desire to see that he/she was in front of the cooling house and to view that he/she was in front of the cooling house, and the victim’s her son was her son and her son was her son as described below.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. The Defendant of obscenity shall open a counseling room to make it possible for other customers who enter the customer counseling room and enter the G and convenience store from the H convenience store of G management in F on the same day at around 21:20 on the same day to view it. The Defendant shall take the sex in a crepit of crepan.
The act of self-defense was committed.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or G;
1. A detailed statement of the processing of reported cases;
1. Application of Acts and subordinate statutes to CCTV photographs;
1. The punishment provided for in Articles 298 and 245 of the Criminal Act and the imprisonment with prison labor for the crime;
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 Act on the Suspension of Execution of the Criminal Procedure (which did not reach an agreement with the victims, however, the extent of indecent act is weak, and the defendant has been hospitalized for a long time after the diagnosis of the fluenitely divided disease, and there seems to be a need for treatment to take precedence over detention, such as the defendant's age, sex, environment, family relationship, motive for the crime, means and consequence of the crime, circumstances after the crime, and relationship with the victim, etc.
1. The Defendant’s age exemption from the disclosure order and notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the type, motive, process, consequence and seriousness of the instant crime, and the degree of disadvantage that the Defendant may suffer due to the disclosure order and notification order.