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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 20, 2014, the Defendant committed an indecent act by force against the victim by drinking the victim at a “C” restaurant located in Daegu-gu Office B, Daegu-gu, in front of the toilets where the victim D (Influence, 45 years of age) who is the spouse of the workplace club fee and club fee, and drinking alcohol, and by drinking the victim’s to force the indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a conviction on the instant criminal facts of the instant case involving the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit the personal information of the Defendant to the head of
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing [the range of recommendations] the general standard for the crime of indecent act by compulsion (subject to the age of 13 or more) is the mitigated area (one month or one year from the day to the day of general indecent act) (special mitigation) (the decision of sentence).