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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 30, 2017, at around 21:10, the Defendant: (a) performed a game to drink in the Bridge of Incheon Cheongjin-gun, and (b) performed a drinking game to drink up to the new wall following the following day; (c) around October 1, 2017, at around 06:10, when the victim C (the victim, who is 25 years of age), who is not the Defendant’s daily operation, was silentd, the Defendant opened the gate of the above gate and intruded into the gate, and met the part of the victim’s sound.
Accordingly, the Defendant committed an indecent act against the victim who was in the possession of the victim and was unable to resist.
Summary of Evidence
1. Court statement of the defendant (which is made on the fifth trial date);
1. Each police statement of C (tentative name) and E (tentative name);
1. CCTV image CDs and photographs of the place of crime;
1. An on-site forest by a victim C;
1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV investigation);
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 298 of the Criminal Act, the selection of imprisonment for a limited term concerning the crime, and the selection of a sentence;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order to disclose or notify registered information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse needs to be prudent in that it may have a significant impact on the Defendant. In light of the fact that the Defendant has no record of punishment for sexual crimes, and the Defendant’s age, occupation, family environment, social relationship, etc., the effect of preventing recidivism by taking part in the registration of personal information of