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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 18, 2016, the Defendant suffered from indecent act by compulsion: (a) around 02:10 on the street of Eunpyeong-gu Seoul Metropolitan Government C building A; (b) brought the victim D (in female, 52 years old) who was returning home to double arms; (c) lost the center of the victim; and (d) went beyond the center with the victim, and caused the victim’s head to face with the floor.
After that, the defendant added his hand to the victim's inner part, committed an indecent act by force, and thereby the victim suffered two 2.5 cm by the left 2.5 cm-hand side of the 2.5 cm-hand side, which requires treatment for about 7 days.
2. On June 20, 2016, the Defendant: (a) committed indecent act by compulsion on the part of the victim’s left chest in the building parking lot in Eunpyeong-gu Seoul, Seoul; (b) followed the victim F (Taking 30 years of age); and (c) committed indecent act by compulsion by force, on the part of the victim’s hand, by using the gap in which the victim takes the password in order for the victim to enter a neck; and (d) one hand, with the other hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of F or D police officer;
1. A written diagnosis of injury;
1. Application of the Acts and subordinate statutes to the victim’s upper part photograph at the time of occurrence, such as a photograph of a CCTV image to which the suspect image was taken, a photograph to capture a CCTV image, a photograph to capture a CCTV image, a site photograph, and a photograph;
1. Relevant legal provisions concerning the crime, Articles 301 and 298 of the Criminal Act concerning the selection of punishment, and Article 298 of the Criminal Act concerning the punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.