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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 January 17, 2017, 02:26, the Defendant found the victim D (the 22 years old), who passed the place, from the stairs located in Pyeongtaek-si B, was in mind of committing an indecent act. While the victim was following the victim, the Defendant saw the victim as her hand in front of the door of Pyeongtaek-si E apartment, and her chest was her chest by hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of CCTV-related Acts and subordinate statutes to photographs;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. An indecent act committed by the victim with a female who cannot be forgotten at a distance from the point of view of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the victim, which led to fear of the extreme degree difficult for the victim to be forgotten for a long time.
The Defendant did not receive a letter from the injured party.
A severe punishment is required, but a sentence shall be determined by taking into consideration the circumstances, such as the fact that the defendant has no previous conviction and has committed a crime in depth.
Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to Article 43
In light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the punishment of sexual crimes shall be taken into comprehensive consideration.