A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 12, 2014, from around 12:00 to 13:00, the Defendant forced the victim to commit an indecent act more than 12 times in total, as shown in the attached list of crimes, by using both arms from the victim F (F, who was working in the above hospital “E” hospital, which had the quality of franchising in the sugar room located in the city of parliamentary government. The Defendant forced the victim to commit an indecent act on the part of the victim F (F, who was aged 31) who was in the workplace of the above hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (the chief of the workplace of the complainant and the chief of the kindergarten);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act by force [the scope of recommending punishment] under the general standard of the punishment of the crime of indecent act by force (subject to the age of 13 or older) (6 to 2 years) in the basic field (the general form of indecent act by force) [the decision on the sentence] [the defendant has continuously committed an indecent act by disregarding the victim’s warning demanding the suspension of indecent act at the same time as his/her refusal intention was expressed, and thus, it is necessary to impose heavy liability therefrom.

Along with the number of crimes in this case, the defendant will be sentenced to imprisonment with prison labor for the defendant, but a suspended sentence is imposed for the following reasons: (a) the defendant is the first offender who has no criminal power; and (b) the defendant repents and reflects his mistake.

In addition, comprehensively taking account of the various circumstances that form the conditions of sentencing as shown in the records and pleadings, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime, the sentence of the same punishment as the disposition shall be imposed within the scope of the sentencing guidelines.

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