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A defendant shall be punished by imprisonment with prison labor for up to six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant, as a twitner, had led the victim D(n, 24 years old) to do an indecent act against the victim by advertising it.
1. On January 5, 2017, between around 09:30 on January 5, 2017 and around 10:00 on around January 5, 2017, the Defendant: (a) directed the victim at the Fhstz in Geumcheon-gu, Geumcheon-gu, Seoul; (b) provided the victim’s face; and (c) provided the victim’s face.
2. On January 19, 2017, between around 08:00 and around 09:30 on January 19, 2017, the Defendant: (a) placed the victim on a bed while leaving the bed room inside the bed room in which he/she had the victim bed to give a water treatment; and (b) laid the victim off his/her hand into the bed of the victim; and (c) am her knick in his/her bed.
Accordingly, the defendant committed an indecent act on the part of the victim twice.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Application of the laws and regulations on the content of dialogue, G message, and telephone conversations;
1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;
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. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order
1. The gist of the assertion was as follows: (a) the Defendant did not commit each of the instant crimes.
A. On January 5, 2017, the Defendant committed the crime (criminal facts No. 1) at around 10:00 on that day and at around H and the instant F Healthstst (Seoul Geumcheon-gu located in Geumcheon-gu), the Defendant provided meals and consulted for home-learning operations at I restaurant (including the area located in Sungnam-gu in Geumcheon-gu in Seoul), and he was transferred to the J located in Ansan-si and moved to the KW at around 12:0 and returned to the F Healthst, etc. at the time of the instant accident.
Witness
L at around 07:00, L confirmed the absence of the defendant by arriving in FHS around 07:40 for the PT lessons with the defendant and doing a mixed-child movement without the defendant from around 10:00.
B. January 19, 2017