Text
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 June 4, 2017, the Defendant committed an indecent act by forcing the victim to commit an indecent act against the victim D (the age of 24) in a park located in Seocheon-si B on June 4, 2017. The Defendant committed an indecent act by forcing the victim to commit an indecent act against the victim (the age of 24).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes governing the settlement of 112 cases;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures commits an indecent act against a victim who does not have any way to face at a deep night and out of the night, and the degree of the conduct of the prosecution is very serious.
The victim was suffering from a very large fear, sense of shame, or insult, and was mentally shocked, and the defendant was hump to severe punishment.
However, the defendant has recognized his mistake and is against the law.
There is no criminal history prior to the instant case and it appears to be a contingent crime.
In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.
A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police office pursuant to Article
The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim.