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A defendant shall be punished by imprisonment for not less than two years and six months.
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 November 11, 2019, at around 01:20, the defendant d (n, 48 years old) who took a drunk defendant into a hotel in Dongdaemun-gu Seoul Metropolitan City, takes tobacco, booms the victim's clothes, booms the victim's body, booms the victim's chest and ear, booms the victim's chest and ear, booms the victim's clothes from the victim's body, booms the victim's face into the victim's body, booms the victim's face into the victim's face, booms the victim's face into the victim's face, booms the victim's face into the victim's face, and booms the victim's face into the victim's face.
As a result, the defendant assaulted the victim to put the victim's sexual organ into the mouth of the victim, put the victim's fingers into the victim's sexual organ, thereby resulting in the victim's scambling of a breast electric wall that requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each report on internal investigation (whether the moving sex is related, attaching a photograph of damage, attaching a photograph of damage);
1. Application of Acts and subordinate statutes to each investigation report (the police officer's call and presentation of a diagnosis report by the victim);
1. Relevant Article of the Criminal Act and Articles 301 and 297-2 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;