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A defendant shall be punished by imprisonment for two years.
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
On September 16, 2017, around 10:40 on September 16, 2017, the Defendant discovered that the victim E (37 tax) was self-employed in the D Saw or the surface of the water located on the first basement of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and caused the victim to spread the victim's sexual organ in his/her hand, and then inserted the victim's sexual organ into his/her port.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's resistance impossible condition.
[ long as it is found guilty of the crime of forced indecent act, the summary of the evidence does not separately determine the crime of quasi-rape which was instituted alternatively]
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Requests for appraisal and application of Acts and subordinate statutes of a gene appraisal report;
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 stay of execution (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant] has no record of punishment for sexual crimes except for those who were sentenced to a fine of one million won due to forced indecent act at the Seoul Southern District Court on February 9, 2006, and thus, there is a risk of recidivism or recidivism of sexual crimes;
It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and sexual assault treatment program can prevent the defendant from repeating the crime.
In full view of other circumstances shown in the records, such as the defendant's age, family environment, social relationship, expected side effects and side effects that the defendant would suffer, and the prevention effect of sexual crimes that could be achieved thereby, the personal information of the defendant shall not be disclosed or notified.