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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 9, 2016, around 08:08, the Defendant committed an indecent act against the victim in means of public transportation, such as pressing the victim C (V, 30 years of age)’s her amb and her ambling in the front-dong-dong-ro 199 from the Dobong-ro 338 subway 4, Gangnam-gu, Seoul, Seoul, to the air basin of 199.
Summary of Evidence
1. Partial statement of the defendant;
1. Each of the statements made by the witness C and D (the statements made by the victim in this Court are generally consistent and specific as to the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, and the circumstances where the victim's statement is false, the victim's statement does not appear to be false, and the statements made by D are matched with those made by D, and their credibility is recognized in light of the degree of attitude of statements made in this Court.
The defendant's act is judged to be out of ordinary physical contacts between passengers within the blateral vehicle, and the victim's act is not likely to mislead the defendant's act.
Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim).
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;
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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information may not be disclosed or notified. In full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism).