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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
On March 20, 2014, at around 08:50, the Defendant found the victim E (the age of 24) who was fryed in the third floor of the soup bank, Daejeon-gu, Daejeon-gu, Daejeon-gu, and took part in the right side of the victim, thereby making it possible for the Defendant to take part in the victim to take part in the right side of the victim.
The Defendant continued to lying on the opposite side of the victim, lying on the victim's breast side by hand, and lying on the left side of the victim's breast, and became only several times the victim's breast side by hand.
Accordingly, the defendant committed an indecent act by force against the victim who has been unable to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the relevant photographs (CCTV screen run) and CD-related Acts and subordinate statutes;
1. Articles 299 and 298 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a judgment to submit personal information is final and conclusive in consideration of the fact that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes has not been restored, but the first offense and reflects, and the degree of indecent act, etc., the defendant is a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of the competent police office
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.