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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
On August 8, 2017, the Defendant: D, E, and 201, located in Ulsanbuk-gu C around 04:30 on August 8, 2017, with the mind that the victims want to commit an indecent act on their own by entering a locking room, and opened the fingers into the Twitts after the victim F (n, 25 years of age). The Defendant got her chest under the center of the victim's hub by inserting the fingers into the Twitts. The direction was replaced by one direction, and her fingers were her chested into the brogate of the victim G (the name, her, 26 years of age).
Accordingly, the defendant committed indecent acts by taking advantage of the victims' mental and physical weakness or the state of impossibility to resist.
Summary of Evidence
1. Each legal statement of the witness F, G and H;
1. Application of the Acts and subordinate statutes on police statements made to the witness F and G;
1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;
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 Criminal Act on the suspended execution;
1. Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service order and order to attend a lecture [the defendant and his defense counsel asserted that the defendant and his defense counsel had a mental and physical loss or mental weakness by drinking only at the time of the instant crime. However, according to the law and content of the crime acknowledged by the evidence above, it is not recognized that the defendant had no or weak ability to distinguish things from alcohol at the time, and thus, the above argument is rejected.]
The reason for the sentencing [Scope of Recommendation] The Reasons for the Punishment of Indecent Acts by Force (Indecent Acts by Force) No. 1 (in the basic area (in the case of 13 years or more), the (in the case of General Indecent Acts) [the person subject to special sentencing] is not subject to the punishment [the person subject to the sentence] [the decision of the sentence] by the defendant's interview and streaking the victims' chest continuously by a streke method, and the degree of indecent acts is less
It is not possible to see that the victims have a considerable sense of sexual humiliation, aversion, and mental impulse.