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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 27, 2016, around 04:32, 2016, the Defendant found the victim E (nex, 42 years of age) who was divingd at the “Drata” room located in Masung-si, and met the victim’s bridge part by hand.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant again, even though he had the record of having been punished by a fine due to the same kind of crime. In light of the content and method of the instant crime, the circumstances before and after the instant crime, etc., the nature of the crime is poor.
However, the sentence is ordered as ordered in consideration of the following factors: the defendant's mistake is recognized, the fact that the defendant has reached an agreement with the victim, etc., and comprehensively takes into account the defendant's age, character and conduct, family relations, and all the sentencing conditions shown in the arguments
Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, 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 the competent agency pursuant to Article
The personal information shall not be disclosed or notified in comprehensive consideration of the defendant's age, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved due to such order, the effect of protecting the victim, etc.