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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 12, 2014, at around 21:50, the Defendant committed an indecent act against the victim at a public smuggling place by closely exposing the Defendant’s sexual organ in the subway line of Geumcheon-gu Seoul Metropolitan Government. On March 12, 2014, the Defendant: (a) in the subway line of the subway line of the Geumcheon-gu, Geumcheon-gu, Seoul, operated in the path of sick stations; (b) after the victim B (n)
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of C’s written laws and regulations
1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Probation, community service order and order to attend a lecture is that the accused committed a serious indecent act against female victims even though he/she is in a situation in which many passengers are viewed in the subway, and the nature of the offense is not somewhat weak
In this context, considering that the Defendant was sentenced to a fine of KRW 3 million due to the commission of a criminal act in this case at the Seoul Western District Court on November 15, 2013, and did not receive a letter from the victim, the Defendant’s choice of imprisonment is necessary to punish the Defendant.
However, considering the fact that the defendant has no criminal record or heavier than the suspension of execution, and that the defendant confessions the crime, etc.
In addition, based on the sentencing cases of the same kind of case as that of the prosecutor’s old sentence (two months of imprisonment, order to complete education, and order to disclose information) by taking into account the various circumstances, such as the defendant’s age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence like the order shall be determined and the execution thereof shall be suspended, but probation and community service order shall be imposed in addition to the order of education to be mandatorily imposed under the Act for the prevention of recidivism.
If the conviction of the instant case involving the registration of personal information has become final and conclusive.