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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 of the final judgment.
Reasons
Punishment of the crime
On December 20, 2014, at around 06:00, the Defendant drinked alcoholic beverages on the package c’ in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On December 20, 2014, the Defendant used the victim D (n, 27 years of age) and the victim E (n, 27 years of age) out of the packing straw, depending on the victim’s hand, and tried to use the victim E by continuously punishing both arms.
Accordingly, the defendant forced victims to commit indecent acts.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each police protocol of statement to D and E;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act for the crime and for the selection of punishment [if the defendant tried to use the victim E in the situation where the victim D was forced to commit an indecent act, as recognized in the facts of the crime, it is reasonable to view that the above act can be evaluated as an indecent act in itself by means of assault committed in the course of indecent act by force against the victim's will, i.e., the exercise of force against the victim's will, from the perspective of ordinary people, and by means
1. Aggravation of concurrent crimes as prescribed in 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 standards for sentencing the grounds for sentencing under Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes committed against the Order to Attend Courses;
(a) The basic field of the crime of indecent act by compulsion against the victim D [the range of recommending punishment] the first type of indecent act by compulsion (the objects of at least 13 years of age) on the general standard (the range of recommending punishment] (the period of six months of imprisonment to two years);
(b) The first type of indecent act by compulsion against the victim E [the scope of punishment by indecent act by indecent act by indecent act by indecent act by compulsion on the general standard] [the scope of punishment by indecent act by indecent act by ordinary person] - Special mitigation area (one month to one year of imprisonment) - Special mitigation area: Where the exercise of tangible power is considerably weak and the degree of indecent act by indecent act is considerably weak;
C. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to six months and up to two years.