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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A quasi-indecent act: (a) on July 22, 2015, the Defendant found the victim E (at around 05:00, 19 years old) who was under the influence of alcohol in Guro-si, and found the victim E (at around 19 years old) who was under the influence of alcohol in Guro-si around July 22, 2015; and (b) took close to the victim into consideration the victim’s bucks and bucks by hand, thereby committing an indecent act using the victim’s state of resistance
2. When a gallon of the victim’s cattle located in a gallon, which had been left by the victim on a temporary and at a place like paragraph (1), the Defendant stolen the victim’s wall containing one gallon and one 81,000 won in cash. The summary of the evidence was stolen.
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Photographs of damaged articles;
1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;
1. Relevant legal provisions concerning criminal facts, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;
1. Sentencing criteria;
(a) No. 1 crime (sex crime) [the scope of a recommendation] general standard and the crime of indecent conduct (subject to at least 13 years of age) is not subject to punishment (one month to one year of general indecent conduct) in the mitigation area (a person subject to special mitigation);
(b) Class 2 (Scope of Recommendation) Crimes (Larceny) (Scope of thief) ; Two types (General thief) thiefs on general property; and (4) / 10 (special mitigation factors) / Non-members of punishment;
(c) The scope of final sentence due to the aggravation of multiple offenses: April to May; and
2. The Defendant’s specific reason for sentencing is not very good, and the Defendant paid KRW 3.5 million to the victim and agreed so that the victim does not want to be punished against the Defendant. (A) The Defendant, without any identical criminal record, has recorded the Defendant’s age, occupation, sex, family relation, motive, means and consequence of the crime, circumstances after the crime, etc.