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A defendant shall be punished by imprisonment for six 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
The Defendant is the president of an enterprise selling goods related to the water satisfaction of the “D” and the victim E is the employee of the Defendant.
1. On August 7, 2017, the Defendant: (a) committed an indecent act by force against the victim, on the part of the office located on the first floor F in Seocheon-si, Busan; (b) 10 minutes of conversations with the victim; and (c) when the victim wishes to move out of the office, the Defendant committed an indecent act against the victim by force, such as using both arms, shing the victim’s body’s face, facing the victim’s right side, and being under the influence of alcohol.
2. On August 27, 2017, the Defendant, in front of the house of the said victim’s apartment located in Bupyeong-si G on August 27, 2017, talked that the victim would come well in his house, and she was forced to commit an indecent act by using both arms in a way that the victim’s body was humped, humped, humped, and kn the right side of the victim’s chest with his hand.
3. On August 30, 2017, the Defendant dumped the body of the victim in two arms at the place indicated in paragraph 2 at the low time, and committed an indecent act by force on the part of the victim as her hand, with his son as her am set off.
Summary of Evidence
1. The defendant's legal statement (as at the fourth public trial date);
1. Each legal statement of witness E and H;
1. Statement protocol by the police for E;
1. Complaint;
1. Photographs (H and mobile phone I sent and received by the victim);
1. Application of the Acts and subordinate statutes to investigation reports (Attachment to the storage of CDs recorded in cell phone conversations of the victim and the suspect);
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) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:
- The Defendant.