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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 9, 2017, the Defendant: (a) around 12:12 on April 12, 2017, at a clock in the Seosung-gu C Officetel in Daejeon, and (b) around the victim D (name, leisure, 22 years old) who was divingd, followed by the victim D; (c) and (d) became a part of the victim’s negative part by hand, and (e) the victim was able to have the victim unsatisfed.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Application of the CD-related Acts and subordinate statutes that store CCTV images;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
In conclusion, the reasons for sentencing [the scope of recommended punishment] of general standards for sentencing [the scope of recommended punishment] is determined by comprehensively taking into account the following circumstances: (a) the sentence of "one type of indecent act" (the general compulsory indecent act") in the basic area (from June to two years) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.
- - A sex offense subject to registration, which has no record of being punished for a sex offense, shall be judged to be a sex offense subject to registration.