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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who resides in the Jeonnam-gu Gun, and was prepared for a mack and a knife which is a deadly weapon (9.5 cm in blade, 12 cm in knife) in order to commit an indecent act against a female returning home at the night away from his place of residence, and found the victim D (17 years in knife, knife) who gets home from a mixed taxi while driving a car, which is owned by the defendant, and was able to commit an indecent act against the victim by driving a knife.
At around 02:00 on August 12, 2013, the Defendant: (a) went away from the street in front of the fire station located in the Southern-dong, Southern-si, Seoul-si to the entrance 02:28 of the same day; (b) reported that the victim gets out of the taxi at the entrance of the city; (c) parked the vehicle at the entrance of the village; (d) parked the vehicle at the front of the victim; and (e) parked the vehicle at the head of the vehicle; and (e) opened the make, which was prepared in advance for the alley-dong with no street lamps; and (e) opened the alley-dong with the victim’s shoulder by approaching the direction behind the victim; and (e) opened the victim’s knife, knife the knife; and (e) opened the victim’s knife with the clothes of the victim.
Accordingly, the defendant committed an indecent act by force against the victim with a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness D;
1. Each police statement concerning D;
1. Police seizure records;
1. Application of relevant Acts and subordinate statutes to each investigation report (related to the C-vehicle moving line, the currency of taxi engineer);
1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act;
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 consideration shall be made again for the reason of sentencing);
1. Article 16 (4) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;