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A defendant shall be punished by imprisonment for four months.
To order the defendant to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
[Criminal Power] The Defendant stated that “two years of suspension of execution” was “two years of suspension of execution” in the Seoul Eastern District Court on June 27, 2014, but according to each evidence duly adopted and investigated by this court, it can be acknowledged that the above correction does not have any particular influence on guaranteeing the Defendant’s right to defense. Thus, the Defendant’s change is so stated.
The judgment was confirmed on July 5, 2014 and was in the period of suspension of execution.
【Criminal Facts】
At around 14:30 on September 7, 2014, the Defendant publicly committed an obscene act, such as engaging in the act of self-defense and self-defense, from behind the deaf-gu Park located in Gangdong-gu, Gangdong-gu, Seoul, Seoul, about 702, around B and about 10 other than B, and around B.
Summary of Evidence
1. Partial statement of the police suspect interrogation protocol against the defendant;
1. C’s statement;
1. Investigation report (number 2);
1. Photographs;
1. Previous convictions indicated in a judgment: Inquiry reports, the ordinary records of dispositions and reports on the results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);
1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. In light of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, it is inevitable to strictly punish the instant crime, taking into account that the Defendant again repeated the instant crime during the period of suspension of execution, for whom three months have not yet passed since the Defendant was sentenced to a fine on the same kind of crime and a suspended sentence of imprisonment on June 27, 2014.
The punishment shall be determined in consideration of all the sentencing factors shown in the records, such as the defendant's age, occupation, character and conduct, and circumstances before and after the crime.