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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2016. 3. 23. 10:30경 경남 양산시 B에 있는 내 남탕 수면실에서 잠을 자고 있는 피해자 C(가명, 남, 22세)의 옆에 누워 혀로 피해자의 양쪽 젖꼭지를 빨고, 손으로 피해자의 성기를 잡고 위아래로 흔들었다.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement made to C (alias);
1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment
1. Article 62 (1) of the Criminal Act (General Considerations as follows);
1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Violence [Scope of Recommendation Punishment] There is no basic area (6-2 years of age) (6-2 years) of the first type of indecent act by compulsion (the person subject to special sentencing] [decision of sentence] The degree of indecent act in this case is very heavy, and the defendant has been punished for the same kind of crime. However, although the defendant's sexual intercourse with the same sex is a signal given to the victim's body in the above place, it has changed to the fact that the defendant's conviction of the defendant against the crime subject to registration of personal information is finalized, 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 thus, the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.
The defendant's age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the protection of the victim.