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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 8, 2016, around 22:50 on March 22, 2016, the Defendant used the victim E (24 ) who was divingd in the D body room located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, and rhumbbbbs of the Defendant brought the victim’s bucks to the growth floor of the victim.
피고인은 계속하여 2016. 3. 9. 00:30 경 위 수면 실에서 자리를 바꿔 잠을 자고 있던 피해자에게 다시 다가가 손으로 피해자의 다리를 만지고, 두 손으로 피해자의 오른쪽 다리를 들어 올려 피고인의 성기에 대고 비볐다.
Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act, and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [type determination] The grounds for sentencing under Article 62-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [In cases where the exercise of force is significantly weak, the mitigation element - In cases where the degree of conduct is weak, the non-exclusive mitigation area of punishment [the scope of recommendation] [the scope of recommendation] one month to one year [the general sentencing factor] [the scope of punishment [the scope of general sentencing factor]] application of the special mitigation area: From January to October [the main grounds for suspended sentence] - Major grounds for indecent acts under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the main grounds for indecent acts under consideration]: The affirmative grounds (the degree of indecent acts under Article 13 or more severe punishment in the case of this case and the case of general punishment; the case of punishment; the case of the case;