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A defendant shall be punished by imprisonment for not less than eight 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
1. At around 02:00 on July 7, 2016, the Defendant: (a) laid off the 1st bicycle storage room on the 1st floor, the victim B, at a 29-3-ro 10,000-ro, with a device for correcting the 230,000 won of the market value; and (b) cut off the bicycle on the 230,000 won.
2. On July 11, 2016, the Defendant committed indecent act by compulsion: (a) around 01:50, the Defendant: (b) reported the victim D (the 18-year age) who was married on the street behind the Dobong-gu Seoul Metropolitan Government C apartment 102, followed the victim to be forced to commit an indecent act; and (c) committed indecent act by force against the victim on the left hand, following the Defendant’s riding on the said bicycle and going through the victim’s side; and (d) committed indecent act by force on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. B written statements;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 329 of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Criteria for sentencing on the grounds of sentencing in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse; (d) Articles 50(1) of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment;
(a) Basic area (six months to two years) on the basis of the general standard of the crime of indecent act by compulsion (a person aged 13 or older);
B. The theft [the scope of recommendations] the theft of general property.