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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 26, 2018, around 21:40 on May 26, 2018, the Defendant: (a) accessed the victim D, etc., who reported a long-distance performance on the street performance on the street in front of the Fam in Mapo-gu Seoul, Mapo-gu, Seoul; (b) thereby making the victim’s hack, mack, and mack with the victim’s own hand.
Accordingly, the defendant committed an indecent act against the victim at the place of public performance or assembly.
2. On May 26, 2018, around 21:58, the Defendant, who committed the crime against the victim G, accessed the victim’s her son by approaching the following, such as the victim G (here, 19 years of age) who reported a long-distance performance at the place specified in the above paragraph (1).
Accordingly, the defendant committed an indecent act against the victim at the place of public performance or assembly.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the respective Acts and subordinate statutes of G and H
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 59 of the Act on the Protection and Observation, etc. of Community Service Orders;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles [ though there are two criminal records of the Defendant having the same kind of crime, one of them is obscene and one of them is obscene, and two of this case including this case is a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Place) and it appears that there is no need to issue the disclosure order and notification order because the degree of indecent conduct is not serious. In addition, the Defendant’s age, occupation, family environment, social relationship, the background of the instant crime, and the disclosure order of this case.