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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 15, 2017, the Defendant: (a) had three-way roads in front of “C” located in “C” in “C” in “E main store” in the vicinity of the Defendant and the Defendant’s daily behaviors, and (b) had the victim said that “I will buy all the horses if I wish to do so,” while the Defendant had three-way road with the Defendant’s daily behaviors; and (c) had the victim said that “I will buy all the horses if I do so.”
At around 23:20 on the same day, the Defendant was satisfing the victim’s satisfy with his hand within the seven room at the above E main point.
In order to avoid this, the Defendant continued to see that the victim “to leave goods at the convenience store,” and brought the above room, and brought the victim “to drive away,” and led the victim’s hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. The 112 Report Processing Statement (the Defendant denies the fact of crime, but the Defendant was unable to find motive to make a very detailed, consistent and false statement, and the Defendant stated that there is no fact that the investigative agency has used the victim’s head. However, this is credibility in the victim’s statement in light of the fact that the Defendant’s statement is inconsistent with the Defendant’s will at the time.)
Application of Statutes
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An indecent act against the victim, who is under the age of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, committed an indecent act against the victim, and did not agree with the victim. Meanwhile, the Defendant did not have the same criminal record, the victim did not specifically restrain the Defendant from leaving the Defendant’s vehicle, and other crimes committed by the Defendant, including the Defendant’s age, sexual conduct, family relationship, environment, and circumstances and result of the crime.