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1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. Provided, That the execution of the above punishment shall be three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. On May 1, 2014, the Defendant: (a) reported on May 1, 2014, on the alleyway located in Gwangjin-gu Seoul Special Metropolitan City, that the victim E walk from the opposite part; and (b) met the victim’s chest by hand; (c) prevented the victim from suffering; and (d) humping the victim with two descendants.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. On May 23, 2014, the Defendant caused the injury by indecent act by compulsion: (a) discovered that the victim G (V, 22 years of age) she was going to go to his/her house in his/her hands on the alleyway located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, and discovered that he/she was coming to go to his/her house in his/her hands; (b) cut the victim’s shoulder with two descendants; (c) returned to the victim back to the victim; and (d) the victim was her fingers with the victim’s chest and sound, and (e) had the victim take part in the victim’s chest and sound part in his/her finger, and (e) had the victim take part in the process of taking approximately three days of medical treatment.
Accordingly, the defendant forced the victim to commit an indecent act and has the victim suffered an injury.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to a reply to requests for appraisal, such as a report on the occurrence of indecent acts by compulsion, report on internal investigation, each CCTV-cape course, map around the scene, photographs, and response to the request for appraisal;
1. Relevant Articles 298 and 298 of the Criminal Act concerning facts constituting the crime, the choice of punishment, and Articles 301 and 298 of the Criminal Act;
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed in the crime of bodily injury resulting from heavy indecent act by force) among concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Order to attend lectures and order to provide community service, sexual crimes against probation;