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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 February 26, 2018, the Defendant forced indecent act: (a) around 21:00 on February 26, 2018, B apartment xx xx in the dwelling space where the victim C (n, 30 years of age) was living in the same xx; (b) followed the victim to drink with the victim and walk the victim on the toilet wall, and followed the victim to walk on the toilet wall; (c) the victim’s his/her chest was quickly left; (d) the victim’s his/her dependants was hicked; and (e) the victim’s daughter was hicker and the victim got out of the toilet; and (e) the victim was able to talk with the victim; and (e) the Defendant again hicked the victim by inserting his/her wife into the toilet with his/her finger between the victim and the victim, thereby committing an indecent act against the victim.
2. Violation of the Traffic Act on roads.
A. On February 26, 2018, the Defendant driven a coo car in E without obtaining a driver’s license from the Defendant’s residence located in D around 17:00 to the Naju-si apartment from the Defendant’s residence to the Naju-si apartment.
B. On February 27, 2018, around 05:00, the Defendant driven a cub car in E without obtaining a driver’s license from the B apartment to the principal’s house located in Gwangju at the Mayang-si.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Statement and statement protocol with respect to C by the police (two times);
1. A gene appraisal report;
1. Application of Acts and subordinate statutes to the detailed details of driver's license and detailed details of the following inquiry;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the selection of imprisonment with prison labor;
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. Determination as to the assertion by the defendant, the victim, and the defense counsel under Article 16(2) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act, and Article 62-2 of the Criminal Act. The defendant and the victim agreed to have sexual intercourse, and the act of indecent act written in the facts of crime