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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
The Defendant, around September 21, 2016, sold in a restaurant in Seongbuk-gu Seoul Metropolitan Government 1st floor E restaurant on September 21, 2016.
At the same time, the victim F(F, 57 years of age), the victim G (n, 23 years of age) who is a restaurant owner, and the victim G(n, 23 years of age) who is his/her dependent, and the victim G with the victim's own hand during his/her trial, etc., and the victim G's "hick."
“Defects of this subsection,” “Is this part of which?”;
In addition, the victim F's chest was forced to commit an indecent act on the part of the victim F by making the victim F's chest one time with the victim's own loss.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement of the witness G, F, and H (each statement of the victims at the time of the instant crime) is recognized credibility in light of the following facts: (a) the Defendant’s speech, content of damage, the fear and response of the victim, and the situation before and after the instant crime; (b) the fact that there seems to be any circumstance to be false in the statement; (c) the statement does not conflict with H’s statement; and (d) the statement’s attitude of visible statement in this court is recognized.
Therefore, according to each evidence of the judgment, the application of the law is recognized to have committed an indecent act against the victims.
1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected from the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom, the Defendant’s personal information is disclosed.