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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B (n, 18 years old) are the first space in the Daejeon Jung-gu C and the third floor "D" restaurant.
On January 19, 2019, at around 01:17, the Defendant “D” restaurant, “I am to participate in the event, I am to listen to horses, and am to the back of the victim, am to the back of the victim’s shoulder with his own arms, and led the victim to the stage.
The Defendant, “,” and the Defendant did not refuse to do so, she was frightened by the victim’s her hand, and continued to fright by her hand with her hand, brought the body of the victim into the body of the victim, and brought the victim’s losses.
As a result, the defendant forced the victim to commit an indecent act, thereby resulting in a serious injury to the victim's 3 balance of 4 weeks of high medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B and E;
1. Each police statement of E;
1. B written statements;
1. Investigation report (D CCTV analysis);
1. A certificate of issuance of a copy of medical records, a certificate of operation, and a medical certificate;
1. Application of CCTV video CDs, related photographs, and CCTV video CD-related Acts and subordinate statutes;
1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;
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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 do not have any record of criminal punishment for sexual crimes. In light of the details and methods of the instant crime, relationship with the victim, place of the crime, etc., the Defendant’s personal information is registered and the treatment of sexual assault.