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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 9, 2014, the Defendant was sentenced to a suspended sentence of five years for a term of imprisonment with prison labor for a term of three years due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives) at the Gwangju High Court, and the judgment became final and conclusive on July 2
From around June 2002 to June 201, the Defendant was in a de facto marital relationship with C’s wife D (here, 13 years of age) in a de facto marital relationship with the Defendant.
On June 12, 2012, the Defendant was indicted on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) with the charge of indecent act by force on three occasions between B and B in 2009 and January 201, and the judgment of conviction was finalized on July 24, 2014.
As above, the Defendant continued trial on the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives). From August 30, 2013 to August 17:14, 2013, the Defendant used 'Kakaox' from the Defendant’s female-friendly house located in the military E apartment in the military, Simsan-si to the victim’s cell phone using 'Kakaoxox from August 30, 2013 to 30 languages and photographs as indicated in the annexed crime list, thereby causing fear and apprehensions to the victim.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Statement made by witnesses D in the third protocol of the trial;
1. Statement to C by the police;
1. C Complaints;
1. Data and a copy of a copy of the Kakao Stockholm conversation;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on the progress of relevant case);
1. Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of Imprisonment with labor concerning facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is the instant crime.