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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 21, 2015, the Defendant forced indecent act: (a) committed an indecent act by force against the victim D (V, 18 years old) who was located in front of the c “C” coffee shop located in Guri-si B at around 22:20 on May 21, 2015; and (b) committed an indecent act by force against the victim by holding the victim humbly in his/her hand.
2. The Defendant’s obscenity at the entrance of a coffee shop around May 21, 2015, and at the street, at the end of the coffee shop, the victim D et al. comply with it. on May 21, 2015.
The act of self-defense was publicly obscene.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each statement of E and F;
1. Application of Acts and subordinate statutes to a report on investigation (the counter investigation of a victim, the counter investigation of a suspect, CCTV data investigation, and the opinion of an investigator);
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the point of public performance obscenity), and the choice of imprisonment with prison labor;
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. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of recommending] General Criteria for the crime of indecent acts by force (the persons subject to 13 years or more) and the basic area (6 months to 2 years or more) (the person subject to special sentencing] of the category 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The lower limit for concurrent crimes under the former part of Article 37 of the Criminal Act among the crime of indecent acts against which the sentencing criteria are set and the crime of obscene acts in public performance or obscenity for which no sentencing guidelines are set shall be set.
[Determination of sentence] The defendant's act leaves the mental shock of the victim, and the nature of the crime is not good.
The Defendant, who committed the instant crime under the influence of alcohol, shall be subject to criticism, and the Defendant shall be punished by imprisonment due to the failure to reach an agreement with the victim.
However, there is no criminal history of the defendant, and there is no record of punishment heavier than a suspended sentence, and the defendant is the case.