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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
피고인은 2017. 8. 28. 15:30 경 경산시 C에 있는 아파트 14 층 복도에서 상의를 벗은 가운데, ‘ 쾅’ 하는 소리를 듣고 그 곳 엘리베이터 쪽으로 찾아온 피해자 D( 가명, 여) 을 발견하고, 갑자기 팔로 피해자의 목 부위를 감싸며 입술을 피해자의 얼굴에 갖다 댔다.
On the other hand, the Defendant continued to report the victim's home to flee, opened a door to the victim's house, set up the two arms, set up the victim's cream, followed the victim's face into the elevator, brought the victim's face to the victim, brought the victim's kis, and kis the victim's kis. When the victim was viewed to avoid it, the Defendant told the victim that he would be kiscing and kiscing the victim, and told the victim that "the spaws and kiscings."
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. Complaint;
1. Investigation report (Attachment of CCTV extract photographs installed inside an elevator) - Application of photographic Acts and subordinate 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. Article 62-2 of the Criminal Act on the observation of protection;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information
I seem to appear.
In addition, the defendant's age, family environment, social relationship, the disclosure order of this case, or