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A defendant shall be punished by imprisonment for four 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 May 11, 2018, the Defendant was seated in a bus stopped next to the bus stop located in B, “D” bus stops located in B, 06:40 on May 11, 2018, when he/she was seated in E 5 passenger cars and was waiting for traffic.
F (n, 29 years of age) F, ging aus and ging aus by cutting off aus;
The act of self-defense, such as shaking, was done by hand.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes to photographs and suspect images by cutting down the image of the victim and the victim’s letters;
1. Relevant Article 245 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. Paragraphs (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and frequency of the crime for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age and occupation of the defendant, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc.
- The Defendant committed a sex offense against a child and was sentenced to a suspended sentence of four-year imprisonment on February 15, 2013.
Currently, the probation period has been over the past, but only friendly women feel sexual impulses and commits the same crime as the facts charged on the ground that they are likely to be bad, and there is no penance, and there is a danger of recidivism.
The decision is judged.
- A witness, as a crime committed by the Defendant, was exposed to a considerable sense of sexual humiliation, insult, or aversion, and was exposed to mental shock.
- However, it seems that the defendant has recognized his mistake and has made efforts not to repeat the crime, such as receiving treatment by him by finding a hospital.