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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 13, 2017, the Defendant was forced to commit an indecent act, and around 02:09, around Geumcheon-gu Seoul Metropolitan Government: (a) discovered and drive away a nameless woman in the vicinity of Geumcheon-gu, Seoul; and (b) took part in the vicinity thereof.
During that day, the defendant found the victim E (at around 02:30) in the vicinity of the above place on the same day, and turned back the victim E (at around 45 years old) before the house of the victim of the former FF, and the victim was shot back, and the victim was shot back with the victim's left arms.
In addition, Defendant 1 got off the victim's clothes above the victim's clothes that the victim sleeped against resistances due to the above assault, which the victim sleeped on the play floor.
Accordingly, the defendant committed an indecent act against the victim.
2. In order for the injured to escape from the Defendant at the above temporary location, the injured Defendant saw the victim’s right side side of the victim’s number of days of treatment at three times by drinking the arbitra, and put the victim at the right side of the treatment days.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. Police seizure records;
1. Investigation report (to hear statements from a victim by telephone);
1. Application of the Acts and subordinate statutes on site photographs, photographs of victims, photographs of houses to capture CCTV analysis, and photographs to injure victims;
1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for 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 suspended execution;
1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the observation of protection, order to provide community service and order to attend a sexual crime;
1. The scope of punishment by law: Imprisonment for one month to 15 years; and
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Basic crime: The crime of indecent act by force [a type] sexual crime (subject to 13 years or more) shall be the general indecent act by force (one type).