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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was working as a teacher of a driving school in 2014, and the victim B (V, 19 years of age) who was a middle student at the time.
At around 04:10 on October 30, 2019, the Defendant, under the influence of alcohol, committed an indecent act against the victim who was divingd in the bed while under the influence of alcohol, and tried to use the victim in the bed side of the victim, and followed the victim by inserting the hand into the bed and panty line of the victim.
As a result, the Defendant knew that the victim was locked and tried to commit an indecent act by using it, but at the time, the victim did not have been able to resist as he was in the state of locking and not having been able to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol protocol law to B
1. Articles 300, 299, and 298 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Reasons for sentencing of a defendant's personal information shall not be disclosed in full consideration of the defendant's age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the defendant's disadvantage due to such order, prevention of sexual crimes subject to registration that can be achieved due to such order, effect on the protection of the victim, etc.
1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and
2. Eight months of imprisonment with prison labor for a decision of sentence; and