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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around July 5, 2015 07:22 - around 07:25, the Defendant discovered that the victim D (e.g., 20 years of age) drinked in the Defendant’s side table, together with E, F, and G, drinking in mind that he would commit an indecent act against the victim, and the said F, G smoking in tobacco, and the said E was fluencing in a cresh of partitions installed between the rest of the rest of the toilet string, and the shoulder and hand of the victim, and the right chest was 5-6 times back to the end of the victim’s shoulder, and became 5-6 times.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. One copy of a photograph of video recording at the scene of crime, and nine copies of a photograph of the inspection of CCTV at the place of an indecent act by quasi-performance;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);
1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.
Defendant’s drinking condition at the time of committing the instant crime.