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A defendant shall be punished by imprisonment for one year.
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 September 1, 2018, around 10:32, the Defendant committed an indecent act by force against the victim E (Woo, 37 years of age) who was aware of a child before the DNA sperm in Pyeongtaek-si, which was located in Pyeongtaek-si, in the vicinity of the Dateice C, by Dacing the victim’s left chest by drinking the victim’s hand on one occasion with the victim’s own hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
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 suspension of execution (the following favorable circumstances):
1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and Observation, the Punishment, etc. of Sexual Crimes;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Juveniles against Sexual Abuse [the scope of recommended punishment] is the general standard for sentencing under Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and there is no basic area (six months to two years of imprisonment] (the person subject to special sentencing] [the decision of sentence] [the person subject to sexual humiliation or mental shock] of the victim’s fear of suffering is not easy, and sexual humiliation or mental shock is not provided to the victim, and the records of sexual crimes are not easy in light of the fact that the victim was suffering from suffering, but the punishment is not easy. However, considering the mental health status of the defendant, there is no criminal history exceeding the fine since 193, other criminal records exceeding the defendant’s age, sex, environment, background leading to the crime, circumstances leading to the crime, etc. after the crime, the punishment shall be determined as ordered by the order.
Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall submit personal information to the competent agency pursuant to Article 43 (1) of the same Act.