Text
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On May 4, 2020, around 02:44, the Defendant stopped in front of the “C cafeteria” restaurant located in Suwon-gu, Busan, the Defendant thought that the victim E (V, 24 years old) boarding the above taxi head is locked, and the Defendant’s fault rhyms the victim’s chest with the Defendant’s left hand, and rhyms the Defendant’s gender twice with the Defendant’s left hand.
However, the victim was found to have sacrificing the eye for the defendant's right to sleep, but the defendant's face was the same as that of the defendant's face.
Accordingly, the defendant knew that he was locked by the victim and tried to commit an indecent act with his mental and physical loss, but he was faced with the victim's diving, so he attempted to commit an attempted act.
Summary of Evidence
1. A protocol concerning the examination of suspect of the defendant who has made a legal statement under the witness E;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to each photograph of E in his/her written statement, the processing table of the reported case, the response to the request for cooperation in investigation, and the CCTV image investigation report (Attachment to D taxi photographs);
1. Relevant Article of the Criminal Act; Articles 300, 299, and 298 of the Criminal Act; the choice of imprisonment for a crime;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The summary of the argument on the argument of the Defendant and the defense counsel under Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities cannot be said to have committed any act above the Defendant, by hand, by rhyming the victim’s chest or rhyming his/her sexual organ.
2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant could sufficiently be recognized as committing an indecent act against the victim in the taxi as stated in the facts constituting the crime. Thus, the defendant and the defense counsel are above.