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A defendant shall be punished by imprisonment for six 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
1. On August 5, 2016, the Defendant forced indecent act: (a) reported the victim C who returned home before Dong Dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, (b) and entered the said apartment site following the victim’s behind entering the said apartment site; (c) and (d) committed an indecent act by force against the victim in the stairs between the second and third floors.
2. A thief: (a) around July 2016, the Defendant: (b) committed a theft on the victim’s market price unrecognating the victim’s name that was set up in the “E” route located in Bupyeong-gu Incheon Metropolitan Government D; and (c) committed a theft by getting a bicycle 26.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A protocol of seizure and a list of seizure;
1. A place where a person steals a bicycle, or a place where he/she causes damage;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The final sentencing scope of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing of the first crime (sex crime) [the scope of recommended punishment] of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground that there is no person who is subject to special sentencing [the scope of recommended punishment] of the second crime in the basic area (six months to two years) [the scope of recommended punishment] of the second crime (one month to eight months] of the basic area (4 months to eight months), of the first crime (the crime committed on the ground of neglect, etc.] of the first crime (the person subject to special sentencing] of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the same law [the decision of sentence] of June to two years and four months [the defendant committed the second crime of this case while being sentenced to a disposition of suspended sentence from this court on the grounds of forced indecent act on the same law before, coloring the distance and forcing the victim to commit the crime of this case.