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A defendant shall be punished by imprisonment for one year.
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
At around 21:00 on February 18, 2016, the Defendant contacted the victim C (n, 22 years of age) who is the official of the police station operated by the Defendant, to take equipment with the transfer of the police station, and met the victim at the above inspection station located in Daegu Suwon-gu D.
After that, the Defendant her drinking together with the victim at the “F” restaurant located in Daegu Suwon-gu E, but her only 02:40 on the day following the date of the victim’s withdrawal from the restaurant, and went the victim to the “H” cartel in Daegu Suwon-gu G by burning the victim on her vehicle.
The Defendant exceeded the clothes of the victim from the victim 509, and her part of the sound of the victim under the influence of alcohol was met by hand.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Statement by the defendant at the court (the second trial date);
1. Each police statement of C;
1. Written response to the request for appraisal;
1. The CCTV screen of the telecom;
1. Application of Acts and subordinate statutes to each investigation report (No. 3 and 11 No. 11)
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [this case’s records are difficult to readily conclude that the Defendant is likely to have the recidivism of sexual crimes or recidivism, taking into account the circumstances following the crime, etc.
In light of the degree of exercise of the tangible power of this case, the defendant's age, character and conduct, family environment, social relationship, etc., the registration of personal information and the order to attend lecture for treatment of sexual assault is also the prevention of recidivism of the defendant.