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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 21, 2016, the Defendant: (a) around 08:05, the Dobong-ro 198 subway No. 4, the Dobong-ro, Gangnam-gu, Seoul, Seoul, used the victim C (V, 24 years old) and the victim's buckbucks by facing each other, and committed an indecent act against the victim in the means of public transportation, by sticking the victim's ambuck in front of the 198 subway No. 4, the Dobong-gu, Gangnam-gu, Seoul., the Defendant 198 subway No. 198 subway No. 4.
Summary of Evidence
1. Partial statement of the defendant;
1. Each of the statements made by the witness C and D (the statements made by the victim in this Court are generally consistent and specific as to the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, and the circumstances where the victim's statement is false, and its credibility is recognized in light of this court's attitude to make the statements in this court.
The defendant's act is judged to have exceeded the normal physical contact level between the passengers in the previous vehicle, and the victim's act is not likely to mislead the defendant's act.
Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim).
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. 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, and disadvantages and side effects therefrom, etc.