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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around 02:40 on November 26, 2017, the Defendant, at the main point of “C” located in Yongsan-gu Seoul Metropolitan Government, committed an indecent act against the victims of 3 to 4 times by force, while the Defendant passed the front of the victim D (at the age of 24) who is the said main customer, leading to a thrown-on of the part of the victim D with his left hand, and continuing to turn back the part of the victim E (at the age of 23, 23).
Summary of Evidence
1. Each legal statement of witness D and E;
1. Each police statement protocol against D and E [the defendant and his defense counsel denies the instant crime, but the witness's statement is generally consistent from the investigative agency to this court in lieu of the witness's statement, and there is no possibility for the witness to confuse the defendant with another person or to make a false statement in order to gather the defendant first delivered at the club, so criminal facts in the judgment are sufficiently recognized]; and
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
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. As long as an order to attend a course or order to complete a program is convicted of the accused who has committed a sexual crime exempted from an order to attend a course or order to complete a program under Article 62 (1) of the Criminal Act, in principle, an order to attend a course or order to complete a program shall be issued concurrently. However, considering
Considering the fact that the defendant could be forced to leave the country, there are special circumstances where it is impossible to impose an order to attend a course or order to complete a program on the defendant.
In accordance with the proviso of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes, an order to attend a course or order to complete a program may not be issued concurrently.
The reason for sentencing does not mean that the degree of indecent act in this case is not easy, and there was an indecent act by two consecutive persons in one place, and in light of the characteristics of indecent act, it seems that the victims received a little shock at the time, and it is also received from the victims.