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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
The defendant is aware of the victim B (the family name, the female, the age of 53) and the drinking place, and the defendant is three times.
On April 3, 2019, at around 00:10, the Defendant, at around 00:10, told the victim that “I will pay the victim money within three times in the Donong-gu Incheon Gyeyang-gu, Incheon, and “I will do so........ to do so” from the victim, the Defendant, at his own expense, thrhydddddd the victim’s body.
Therefore, even though the victim again referred to as "Mara." and the defendant refused to have physical contact with the defendant's hand, the defendant supposed the victim by force again, and supposed the victim's chest by hand, and raised the victim's injury to the victim and promptly supposed the victim's chest.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol of statement B to the police officer protocol;
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects
1. The circumstances or the defendant are disadvantageous to the defendant, in light of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities.