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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 19, 2016, the Defendant was sentenced to a suspended sentence of six months for an indecent act committed by the Gwangju District Court on the grounds of forced indecent act, and is currently under suspended sentence as of October 27 of the same month.
At around 23:50 on August 28, 2017, the Defendant found the house of the victim D (the remaining, 39 years of age) who is a pro-born living together in Gwangju Northern-gu C, and led the victim's friendly her head and body her head to her for the reason that the victim did not do not have a brucation, and led the victim's her face to her head and body her for drinking 1 to 2 times, followed the victim's face her face by drinking her head her head and her body her body her head her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body her body.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the police with regard to D;
1. On-site photographs;
1. Seizure records;
1. A medical certificate;
1. A gene appraisal report;
1. Investigation report (in relation to telephone communications of the 112 Report Processing Table and the first reporter on the case);
1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim D phone calls);
1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts
1. The gist of the assertion lies in the fact that the defendant saw the victim's body part as drinking and launching, but there is no fact that the victim's body part was fluent and inserted. However, while the defendant takes the body fighting in the process of cutting off the victim's body part, the defendant took the body part of the victim's body part such as insertion short and took the victim's body part less less than once. In light of such circumstances, in light of the social norms, the defendant could not feel any danger to the victim's life or body, and thus, the insertion in this case cannot be deemed to constitute a dangerous object.
2. Determination.