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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant, around 07:00 on September 21, 2013, Damoel 501, located in C at the time of macroscoping on September 21, 2013, she got to sleep with the victim E (ma, 21 years of age).
The Defendant committed an indecent act against the victim by taking advantage of the victim’s state to resist, taking advantage of the victim’s state to resist, leaving the panty hand on the breast, leaving the panty, leaving the victim out of the panty, leaving the victim’s sexual organ several times.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement 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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);
1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under 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 head
In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the defendant shall not be sentenced to disclosure order or notification order on the grounds that there are special circumstances that may not disclose personal information.
According to the sentencing guidelines, the defendant is recommended to be sentenced to one to one year of imprisonment.