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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 06:00 on July 23, 2014, the Defendant: (a) committed an indecent act by compulsion; (b) on the main point of “F” in the operation of the Victim E (F, 42 years old); (c) while drinking together with the victim, the Defendant committed an indecent act against the victim by compulsioning the victim by “the victim’s face of the defective victim”, (d) driving the victim’s chest on the victim’s chest, and trying to get out of the victim’s breath; and (e) by forcing the victim to commit an indecent act; and (e) resulting in the victim’s chest be on the left side, the number of days of treatment of which is unknown.
2. The Defendant detained the victim for about 20 minutes by leaving the victim’s face, such as the date, time, at the place, as described in paragraph (1), and by preventing the victim from plucking, plucking, plucking, and cutting the victim’s finger out of the main point of damage, and preventing the victim from getting out of the main point of damage.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the Acts and subordinate statutes concerning the parts of the assault, photographs, and photographs of bodily injury;
1. Articles 301 and 298 of the Criminal Act concerning the applicable criminal facts, the choice of punishment, and Article 276 (1) of the Criminal Act (the occupation of confinement and the choice of imprisonment);
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed in the crime of bodily injury resulting from heavy indecent act by force) among concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. 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 or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;