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A defendant shall be punished by imprisonment for not less than eight 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
At around 00:00 on January 30, 2015, the Defendant, at the 1st floor parking lot located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Goyang-si, had the victim take the back on the back seat of the vehicle owned by the Defendant, with the intent to commit an indecent act against the victim G (n, 20 years of age) who is under the influence of alcohol while drinking, and had the victim take the back on the back seat of the vehicle owned by the Defendant, and put the victim in the speed of entering the victim by using the state of her non-performance, by taking advantage of the state of her ability to resist.
Accordingly, the Defendant committed a quasi-decent act by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of G;
1. Recording notes of telephone conversations between suspect A and victim G, etc.;
1. Application of the Acts and subordinate statutes to photographs by cutting down the suspect who submitted the victim and the contents of a conversation to Kakaoo;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a conviction against a defendant is finalized in regard to the crime subject to registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant 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 defendant is obligated to submit personal information to the competent agency pursuant to Article
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s suffering from the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.