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Defendants shall be punished by imprisonment for four months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
[Basic Facts] Defendant A, Defendant B, and Victim C (V, 53 years of age) are as follows: (a) were living together with Dong-dong located in Sinpo City D; and (b) were known to the public.
[Criminal facts]
1. Defendant A’s seal from around 23:00 on September 11, 2015 to the following:
9. During the period of 10:00 on December 12, 199, the Defendant, at F, engaged in drinking alcohol with those with the victim including the victim, and then engaged in an indecent act on the part of the victim, who was under the influence of alcohol by the Defendant at his house, was under the influence of alcohol with the victim, and was off the victim’s clothes and the part of the victim’s chest and the part of the drinking part.
2. On September 2015, the Defendant committed an indecent act, such as drinking alcohol with the victim who was found in the Defendant’s house located at the Defendant’s house located at 03:00, and drinking alcohol with the victim, she was off the victim’s clothes, she was found off the victim’s chest and her part of the breast and her part of the body.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to C and I;
1. Application of Acts and subordinate statutes to investigation report (the attachment of video images to suspect A's indecent act against the victim);
1. The Defendants: Articles 299 and 298 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants who observe orders to observe protection and attend lectures: Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Defendants exempted from disclosure order and notification order: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendants’ age, risk of recidivism; records of crime; details and motive of crime; the method and consequence of the crime; (c) seriousness of the crime; (d) the degree of disadvantage and anticipated side effects of the Defendants’ disadvantage due to disclosure order or notification order; (d) prevention of sexual crimes subject to registration that may be achieved therefrom; and (e) protection effect of victims.