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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
On April 27, 2017, in front of the D cafeteria located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant: (a) was under the influence of alcohol to the victim E (V, 52) (F) who was aware of the usual in terms of alcohol and was not under the influence of alcohol, and (b) the Defendant was not under the influence of alcohol; (c)
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Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Article 298 of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Education and Social Service Order [The defendant asserts that he was in a state of mental or physical loss or mental weakness by drinking alcohol at the time of the crime in this case. However, according to the evidence above, although the defendant had somewhat drinking alcohol at the time of the crime in this case, it is not recognized that the defendant had no ability to discern things or make decisions, or that the defendant did not have reached a weak state of mental or physical disorder, due to the above evidence] The reason for sentencing [the scope of recommended punishment] 【No person in a basic area (6 months to 2 years in general) of the crime of indecent act (the target of punishment) [no person in a special sentencing] / [the defendant requested a sexual relationship with a scarcity and forced the victim to refuse it, and the defendant committed an indecent act at the same time, and thus, the victim seems to have suffered considerable mental impulse and mental humiliation from a person suffering from considerable mental suffering.
However, under the influence of alcohol, there is a kind of friendship in the state that the judgment and self-control power are somewhat weak.