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The punishment of the accused shall be set forth in six months.
However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the customer of the CNA, and the victim D (V, 48 years old) is the source of his/her age club.
On July 23, 2017, the Defendant: (a) around 02:00, at the 1st basement Ethym clubs in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) the victim was aware of himself/herself; and (c) the victim was not well aware of any dispute over the drinking-value problem; and (d) the victim was not able to cover the side interest and the hys of the victim with both arms; (b) the victim was hysing up with the victim’s sexual organ and the victim’s sexual organ contact; and (c) the victim was confirmed.
Accordingly, the defendant committed an indecent act against the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A criminal investigation report (report on the results of investigation of the suspect) (the victim has consistently and specifically stated the situation at which the defendant made and made a new statement in this court and investigative agency by drawing the victim, the content of the damage, the body part in which the victim had contacted, the fear of the victim's indecent act when the victim was committed, and the situation before and after the crime, etc., and the victim's statement does not appear to be false.
In light of the victim's attitude of testimony in this court, the victim's statement is recognized as credibility.
According to the evidence of the judgment, the defendant can be found to have committed an indecent act against the victim as stated in the facts charged.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 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 Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure order and order of this case.