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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who visits the main place in the Nam-gu Incheon Metropolitan City where the victim B (n, 35 years of age) was on duty as a guest.
1. Around May 6, 2020, the Defendant committed an indecent act against the victim from around 00:00 to around 01:00 on May 6, 2020, from the first floor corridor of the building where the above main points located in the Namdong-gu Incheon Metropolitan City between the Defendant and around 01:00 on May 6, 2020, the first floor of the building where the said main points are located, to send back the Defendant, who is a customer returning home, by drawing the victim himself into the back of the back door, under the influence of the victim’s entry into the back door, and “non-fringer,” while gathering the Defendant’s finger into the inside inside the inside of the victim’s body where he pushed the Defendant into the Defendant, and forced the victim to commit an indecent act by drawing the victim’s hand into the part of the Defendant’s sexual intercourse.
2. On June 16, 2020, the Defendant: (a) committed a crime around the same day, around 23:00 on June 16, 2020, within the main point located in the Southern-dong, Incheon-gu, Incheon-do; (b) came to the Defendant by exposing the victim’s own hand to the Defendant; (c) the victim’s chills are forced to enter the victim; and (d) the victim was pushed the Defendant, while the victim was pushed the Defendant, the Defendant committed an indecent act by forcing the victim by exposing his hand; and (c) the victim’s her knife with his kick.
Summary of Evidence
1. Application of each police statement report (Evidence Nos. 3 and 6 of the evidence list) to the defendant's legal statement B to each police statement, and application of CCTV video photograph Acts and subordinate statutes;
1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;
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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend a lecture or community service order, Article 62-2 of the Criminal Act;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children and juveniles.