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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 25, 2015, at around 12:00, the Defendant: (a) exceeded all clothes on the right side of the Defendant’s right side of the victim D ( South Korea; 21 years old); (b) took out the right side of the said victim; (c) took out the left hand on the right side of the said victim; and (d) committed an indecent act by force against the victim, such as releasing the victim’s sexual organ into the right side of the said victim; (b) throwing out about 10 times the victim’s sexual organ; and (c) throwing out the victim’s sexual organ.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Written statements of D;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the notification order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which personal information may not be notified;
Since it is judged, no order to notify the defendant shall be issued.
The reason for sentencing [Scope of Recommendation] General Standard for the Crime of Indecent Act (subject to 13 years or more) is that the mitigation area (one month or one year or more) is mitigated (special mitigation factors).