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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 June 21, 2016, at around 08:05, the Defendant exceeded the victim E (the age of 19) in Ulsan-gu C, Ulsan-gu, the male waters room, and committed an indecent act against the victim by taking advantage of the victim's sexual organ as soon as possible, by taking the victim's sexual organ into action.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment
1. Article 62 (1) of the Criminal Act (General Considerations as follows);
1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act [the scope of recommending punishment] The basic area (one to one year) of the first type of indecent act by compulsion (the person who is aged 13 or older) [the Special Sentencing] [the decision of the sentence] Defendant was sentenced to a suspended sentence of one year and six months for a crime of causing bodily injury resulting from the same kind of quasi-indecent act on April 27, 2007, and the Defendant again repeated the crime of this case even though he had the record of being sentenced to a suspended sentence of two years for a period of one year and six months, and the degree of indecent act is very serious, it is unfavorable that the Defendant reflects the crime; that the Defendant agreed with the victim only smoothly; that the medical treatment of the registered sexual crime is provided by a specialized institution to improve the character and conduct thereof; where the conviction of the Defendant becomes finalized, the Defendant is obligated to submit personal information to the related agency pursuant to Article 42(1) of the Act.
The defendant's age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.