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A defendant shall be punished by imprisonment for not more than ten 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
around 22:00 on June 27, 2016, the Defendant committed an indecent act by force by having a victim E (a person, a person, and 38 years of age) who instructs a room within the “D” singing room 2 located in Bupyeong-si, Bupyeong-si, 2016.
On August 22, 2011, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Seoul Southern District Court on August 22, 201, and a fine of four million won for the same offense in the same court on May 20, 2014.
【Criminal fact-finding on October 06, 2016, the Defendant driven an F new eurburged car from around 100 meters in front of modern traffic, where the Defendant was under the influence of alcohol content of 0.193% in blood around 05:15, in the same manner, from the front of the packing end in Seodaemun-gu Seoul Hongdong into the same Gu sand 289 (red red dong).
Summary of Evidence
"2016 Highest 2569"
1. Statement by the defendant in court;
1. Each legal statement of witness E and G;
1. Statement made by the police with respect to E;
1. A H statement;
1. 112 Table for the handling of reported cases " 2016 Highest 3515 Highest 2015";
1. Statement of the defendant in the second public trial records;
1. A protocol concerning the examination of the police officers of the accused;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A response to blood collection and a statement on the control thereof;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the previous summary order);
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with labor for each type of crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes appears to have suffered considerable mental suffering in light of the instant indecent act and the following circumstances, even though the victim appears to have suffered considerable mental suffering.