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A defendant shall be punished by imprisonment for not less than eight 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
1. On May 18, 2015, the Defendant: (a) reported the victim D (n) who was married on the road in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, on the one hand, and followed the victim D (here, 30 years of age) who was married on the other hand; and (b) took the victim’s boom, and frighted the victim to the victim, and committed an indecent act by force on the part of the victim.
2. The Defendant assaulted the victim’s left side by drinking the victim’s sound on one occasion at the time and place set forth in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement of victims D;
1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Where the conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that constitutes a sexual crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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
However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effect of sexual crime subject to registration that can be achieved therefrom, protection effect of victims, etc., no order to disclose or notify personal information is issued to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Reasons for sentencing
1. First offense applicable to the sentencing criteria: General standards;