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A defendant shall be punished by imprisonment for six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. On May 17, 2016, the Defendant damaged property: (a) was accommodated in the victim C (Woo, 59 years old) located in Yeongdeungpo-gu Seoul Metropolitan Government on the part of the victim C (Woo, 59 years old) located in Yeongdeungpo-gu, Seoul, and (b) the 202th floor of D in the 202 floor, without any reason, removed the toilets of toilets located there.
Accordingly, the defendant damaged the defense side owned by the victim.
2. The Defendant, who was forced to commit an indecent act, committed an indecent act, at the above date and time, at the place, and at the time of opening the scam, and on the part of the victim, she heard sound inside the scam, saying, “I am kn at the scam, I am at the scam, and I am at the scam.”
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Statement made by the police against C;
1. Each written statement of C;
1. Application of statutes on the site toilets and internal photographs of No. 202
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 366 of the Criminal Act, 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. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area of the recommendation [the scope of punishment and recommendation], six months to six years of imprisonment, and two years of imprisonment; and
3. Determination of sentence of this case’s indecent act is relatively more severe and the damage to each of the instant crimes is not recovered, and the defendant has no record of sex offense, and there is no record of suspended execution or more criminal records, the favorable circumstances are that the defendant has no record of sex offense, and the sentencing conditions indicated in the records and changes are considered as a whole, and the sentence as ordered
Where a conviction becomes final and conclusive with respect to forced indecent acts in the judgment that is a sex offense subject to registration and submission of personal information, the accused shall be punished for sexual crimes.