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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 December 27, 2016, the defendant was put to a car page located on the first floor of the building C in Jeju-si, and the defendant was aware of the victim E (19 tax) who is an employee after visiting the personnel car page on the first floor of the above building.
1. On December 28, 2016, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act on the part of the owner of the pertinent car page and dialogue with the victim on December 28, 2016, by inducing the victim’s hand, and using the victim’s hand, etc., and using the victim’s hand and arms. The Defendant committed an indecent act against the victim by forcing the victim by inducing the victim to commit an indecent act.
2. 피고인은 2016. 12. 29. 10:40 경 위 ‘D’ 카페에서 피해자가 혼자 카페 입구 대기실에서 요금 안내문을 쓰고 있는 것을 발견하고 피해자를 강제 추행하기로 마음먹고 피해자의 옆에 앉아 휴대전화를 건네주며 연락처를 알려 달라고 한 다음 갑자기 피해자의 손을 끌어당겨 손등을 혀로 핥고 입을 맞추고, 이에 피해자가 손을 빼려고 하자 피해자의 손을 움켜잡으면서 ‘ 친구하자. 사장님한 테는 비밀이야.
The term “the victim’s indecent act was committed by coercioning the victim on two occasions at the left side of the victim.”
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution and the police for E;
1. Statement made by the police with regard to F;
1. Application of statutes on field photographs;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Where a conviction against the defendant is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 16-2 of the same Act;