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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 13, 2016, the Defendant, at around 07:30 on January 13, 2016, told the victim E (n, 20 years of age) who was divinged in the 'D' 'D' route in Gwangju Dong-gu, Gwangju, about 20 years of age to report and commit an indecent act, and accessed the victim's side by approaching the victim, and followed the victim's side of the victim's side, which is impossible to resist twice by hand.
Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police suspect interrogation protocol against the accused;
1. Application of the Acts and subordinate statutes to each investigation report (including screen images for the crime scene);
1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. When a conviction is finalized on the facts constituting a sex crime subject to registration, which is subject to the registration and submission of personal information under Articles 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same
In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.
Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.
The reason for sentencing is that the victim's 20 years of age, who is 20 years of age, is able to make soup and commit indecent acts.