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A defendant shall be punished by imprisonment with prison labor for up to six 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
around 06:00 on March 11, 2017, the Defendant drinked alcoholic beverages with the victim E (the family name, the 37-year old age), who is a woman, in the Heung-gu Hotel B hotel C hotelhouse in Cheongju-gu, Young-gu, Young-gu, Cheongju-si, Cheongju, with the victim E (the Gain, the son and the son) who is a female's seat, and the victim dived with the Defendant.
Dmazer table table table strings, panty wind of the victim who is frightened by the victim with the victim's panty wind, titrts into the back side of the victim, titrts into the brode, and knick into the victim's panty, and knick into the victim's panty.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
Summary of Evidence
1. Each legal statement of E and D;
1. Statement made by the prosecution against E;
1. Statement made by the police for E;
1. A detailed statement of the processing of reported cases;
1. Application of Acts and subordinate statutes to a recording file CD or a recording book;
1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;
1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;
[Determination]
1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected due to the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom.