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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a ped cafeteria, and the victim B (the 26-year-old age) was a person who operated the ped cafeteria in the above cafeteria.
피고인은 2018. 9. 30. 22:00경 피해자의 주거인 유성구 C건물 호에서, 피해자에게 간식거리로 햄버거를 갖다 주겠다는 핑계로 위 주거를 찾아간 뒤 침대에 걸터앉아 피해자와 이야기를 하던 중 피해자의 의사에 반하여 갑자기 피고인의 발로 의자에 앉아 있던 피해자의 오른쪽 허벅지 부위를 비볐다.
The Defendant continued to go to the house, and the victim who had taken place in the chair, called “us, potter,” and called “us, potter,” but the victim refused to take her hand, saying, “the victim was known, known,” and asked the victim to take her arms in response to the victim’s intention, and then used the victim’s her hand her arms and she was able to use the victim’s her hand in the bead, and she was able to use the victim’s hand.”
Accordingly, the defendant committed an indecent act against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement made by the police against B;
1. Application of the Acts and subordinate statutes governing Dial messages, field pictures and photographs;
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. The reason for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to Attend the Republic of Korea, in light of the background and content of the crime of this case, the liability for the crime of this case, and the fact that the victim appears to have suffered considerable sexual humiliation and mental pain due to the crime of this case, etc., and the defendant appears to have committed the crime of this case and his attitude against the defendant, and that the defendant would not want the punishment of the defendant by making payment to the victim of KRW 10 million, and that the victim