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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 30, 2020, the Defendant, at the male surface of “C Sarina” located in Dobong-gu Seoul Metropolitan Government on April 30, 2020, she met several times with the victim D (25 years of age) and the victim E (20 years of age) who was unable to resist due to diving, and continued to put the victim E into the part of the victim E, and met with the victim E’s sexual organ, and the victim her body was broken off from diving to the part of the victim E., and her her her her her her her her her her son and her her her son.
Accordingly, the defendant committed indecent acts against the victims by taking advantage of the victims' failure to resist, and committed indecent acts against the victims E.
Summary of Evidence
1. The defendant's legal statement D, each police statement about E;
1. Application of Acts and subordinate statutes to investigation reports ( analysis of the contents of recording files submitted by the victim E), investigation reports (additional statements made by the victim D) on each written statement prepared D and E;
1. Relevant Articles 299, 298, and 298 of the Criminal Act concerning the crime, the choice of a punishment, and the choice of imprisonment for each of the following crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The reason for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities was an indecent act by approaching the victims who are locked in a private or water surface room, and the crime is bad in light of the frequency of indecent act, the degree and manner of indecent act, etc.
In addition, the Defendant was sentenced to a fine due to a quasi-indecent act by force under similar laws even before.
However, the fact that the defendant recognized the crime and reflects the wrongness, and that the victims do not want the punishment of the defendant.