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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 November 29, 2017, around 15:30 on November 29, 2017, the Defendant forced the victim C (the 45 years of age) who visited the insurance design issues at the Defendant’s house located in Seongbuk-gu, Sungnam-si B and 1, and forced the victim to commit an indecent act, such as placing the victim’s bucks on a sofa, putting them on the sofa, putting them on the sofa, putting the victim’s bucks into 1 to 2 times and kis on the victim’s left side.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes, such as photographs of victims and telephone conversations;
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 (The following favorable circumstances):
1. In light of the place where an indecent act is committed against the victim on the grounds of sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service and lecture attendance order, and the degree and method of the criminal conduct, the circumstances unfavorable to the defendant are considerably poor.
However, the defendant has no record of punishment in excess of the same criminal record and fine, confession and reflect on the crime of this case, the victim has expressed his intention of not to punish, the situation of Article 51 of the Criminal Act and the scope of the recommended punishment in the sentencing guidelines shall be determined by taking into account the following factors.
When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the head of the relevant agency pursuant to Article 43
The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry, and the results can be achieved.