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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant is a massage with the business establishment of the building in Ulsan-gu B and the 'C' on the second floor of the building in Ulsan-gu.
On March 9, 2019, at around 20:30 on March 20, 2019, the Defendant: (a) committed an indecent act against the victim D (the 40-year-old age), who was a customer to the said business place; (b) took the face of the victim by wearing an inner string, reporting the string in a simplified bed; and (c) took the face of the victim on the chest part of the victim; (d) took the head of the victim on the chest part of the victim; and (e) took the head of the victim on both breasts by hand; and (e) took the head of the victim on several occasions by hand, and (e) took the head of the victim on several occasions with his fingers, and (e) took the head of the victim on the part of the victim.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. The Defendant is a foreigner of the People’s Republic of China’s Republic of China’s nationality.
If a foreigner intends to continue to sojourn in excess of the period of sojourn, he/she shall obtain permission for extension from the Minister of Justice.
On December 27, 2012, the Defendant entered the Republic of Korea as a medical tourism qualification and stayed in the Republic of Korea on January 27, 2013, despite the expiration of the period of sojourn on January 27, 2013, the Defendant continued to stay in excess of the period of sojourn without obtaining permission for extension of the period of sojourn from the Minister of Justice.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Statement made by the police in relation to D;
1. 112 reported case handling lists and photographs; and
1. A copy of a passport, inquiry about information on a foreigner staying in the Republic of Korea, entry and departure of each individual, and application of statutes on accusation
1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act, Article 94 Subparag. 17 and Article 25 of the Immigration Control Act, and the choice of imprisonment, respectively;
1. From among concurrent offenders, the accused who is exempted from orders to complete a program under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall create an effect of preventing recidivism by order to complete a program, as the accused does not facilitate communication by means of Korean language;