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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 29, 2016, around 00:13, the Defendant boarded in a F bus operated on the E station at the bus stops in Gwangjin-gu Seoul Special Metropolitan City, and was seated next to the victim G (S, 22 years old).
On the same day, the Defendant came to a bus stop in E Station H located in Namyang-si, Namyang-si, 00:30 on the same day, and came to have a part of the victim by inserting his own hand in the flash of the victim, who was in front of the Defendant, who was going to get off his car.
Accordingly, the defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Legal statement of witness G;
1. Statement of the police statement related to G;
1. Reports on internal investigation and investigation reports (with respect to CCTV images of FF bus);
1. Requests for a warrant of search and seizure inspection, replys to warrants;
1. Application of CCTV images, F bus movement routes, CD-related Acts and subordinate statutes;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
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. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend [the scope of recommendations] is that there is no person [the person subject to special sentencing] in the basic area (six months to two years] (the person subject to special punishment] [the sentence] [the decision] in the instant crime, taking into account the fact that the victim made the victim feel a considerable sense of sexual shame due to the instant crime, the fact that the victim received a letter of sexual humiliation or did not reach a smooth agreement from the injured person, the defendant needs to be punished strictly.
However, in full view of the facts that there is no record of punishment or a punishment exceeding a fine imposed on the defendant for the same kind of crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the age, sexual conduct, developments and motive leading to the crime of this case, and the circumstances before and after the crime, the punishment shall be determined as ordered.
Where a conviction against the defendant is finalized on the criminal facts in the judgment of the sexual assault offender who is subject to the obligation to submit personal information.