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The punishment of the accused shall be eight months by imprisonment.
However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A quasi-indecent act Defendant: (a) around 05:00 on January 25, 2018, at the E’s house located in Seoul Special Metropolitan City, Nowon-gu building C, the chest of the victim E (the 24 years old) was under the influence of alcohol by hand, and became under the influence of alcohol by hand, and (b) the victim’s chest was released by inserting his grandchildren inside the victim’s inside.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental and physical loss.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) committed an indecent act against the victim at the time and place set forth in paragraph 1, and taken a dynamic image image of the Defendant’s cell phone (T No. 5) with the Defendant’s cell phone (T No. 5)
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Investigation report (Attachment of photographs of crimes);
1. Application of Acts and subordinate statutes on seizure records;
1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of imprisonment with prison labor;
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 suspended execution;
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act (the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism, the risk of disclosure and employment restriction order, and the order.