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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2, 2019, at around 17:30 on May 2, 2019, the Defendant committed an indecent act by force against the victim C (W), operated by the victim C (W, who is 49 years of age) in the G, with the victim’s chest under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;
1. Taking full account of the following factors: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 1, 2018); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities (Article 59-3(1) of the Act on Special Cases concerning the Protection of Persons with Disabilities (Article 15904, Act No. 15904, Dec. 11, 2018); the Defendant’s age, home environment, and social relationship with the Defendant alone appears to have the effect of preventing recidivism; the Defendant’s personal information disclosure of, and the disadvantages and side effects of, personal information of a child or juvenile related institution can be submitted.
The reasons for sentencing are as follows.