Text
1. The defendant shall be punished by imprisonment for six months;
2. Taking lectures necessary to prevent sex crimes for 40 hours against the defendant;
Reasons
Punishment of the crime
At around 10:20 on September 7, 2014, the Defendant: (a) reported the victim E (Nam, 17 years of age) who was divingd on the Gu seat in a water bath room located in Daegu Suwon-gu Suwon-gu, and experienced desire to do so; (b) used the victim’s left side on the part of the victim’s left side; and (c) rhum bucks down five times on the panty level.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and E;
1. Application of Acts and subordinate statutes to investigation reports and field photographs;
1. Articles 299 and 298 of the Criminal Act applicable to the crimes;
1. Selection of imprisonment with prison labor chosen;
1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Reasons for sentencing
1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] the basic area (6 months to 2 years from June to 2 years) of the crimes of indecent act by compulsion (the persons aged 13 or older) shall be nonexistent;
2. Conditions in light of the circumstances: Violation of the Military Service Act of 1989.