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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
The defendant is a person who engages in the collection of a strike, and the victim C (V, 50 years old) is a person with a disability of class 4 in language.
On May 24, 2016, the Defendant heard the victim’s speech that “1,00 Won” was obstructed by the victim from the victim who was making a campaign on the front of the road of Ansan-si D on May 24, 2016, and came to know that there was a disability to the victim. On the other hand, the Defendant displayed the victim’s 1,000 foot paper and made the victim enter the victim’s her part into the victim’s her part, and she committed an indecent act against the victim by putting the victim’s chest into the victim’s her part on the upper part.
Accordingly, the defendant committed indecent act against the victim who is the disabled.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes concerning victim C welfare cards and certificate for victim C disabled persons;
1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (Compulsory Indecent Acts and Selection of Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case is not a crime against many and unspecified persons; and (c) the Defendant’s age, details and circumstances of the crime; and (d) the Defendant’s age, circumstances after the crime; and (e) profits and preventive effects expected by the disclosure notification order; and (e) disadvantages and side effects therefrom, there are special circumstances where the Defendant’s personal information may not be disclosed.
In a case where a conviction is finalized against a defendant who registered a new commercial information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, Article 43 of the same Act is applicable.