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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 29, 2019, around 16:00, the Defendant met the victim E (n, 36 years of age, 200) working for the same company as insurance solicitors D and D to conclude insurance contracts.
The Defendant, while showing the victim’s photograph, was seated on the side of the Defendant, and said that “the female fucked shall be good.” The Defendant used the victim’s right bucks three to four times with left hand, and opened the victim’s right bucks more than three to four times, and continued consultation with the victim, the Defendant 2 to three times her right bucks of the victim by hand in front of the Kabuck.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Partial statement of the police interrogation protocol of the accused;
1. The police statement of E;
1. Request for cooperation in investigation - perusal ofCCTV, and field CCTV images;
1. Application of Acts and subordinate statutes to report internal accidents (the receipt of cases and CCTV verification);
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;
2. Determination of sentence: (a) the method and content of the instant crime; and (b) the relationship between the Defendant and the victim, etc., are not such criminal liability.
The victim seems to have suffered considerable sexual humiliation and mental suffering due to the defendant's crime.
The defendant has been punished for committing a crime of different types of crimes several times.
However, the defendant acknowledges the crime of this case and reflects his mistake.