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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 12, 2013, around 17:38, the Defendant: (a) reported the victim E (the age 26) entering a public toilet for men and women on the first and second floors in order to see the urine in front of the building “D Hospital” located in Mineyang-si C; and (b) committed indecent act by compulsion of women.
The defendant, in the future of the above toilet door, prevented the victim from being pushed in a toilet room and putting the victim into the toilet, and committed an indecent act by force against the victim by her kn't.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Investigation report (specific suspect - A);
1. Application of investigation report (the detection of clothes and shoes worn in criminal conduct)-related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. Probation under Article 62-2 of the Criminal Act;
1. Order to complete a program: The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in exceptional circumstances where no order to complete
1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;
1. Grounds for sentencing under Article 50 (1) 1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Imprisonment with prison labor for not more than ten years;
2. Application of the sentencing guidelines (determination of a type), general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), first category (the scope of recommending punishment), basic area of punishment, six months of imprisonment to two years;
3. The crime of this case in which the defendant committed an indecent act by deceiving her tumm with his her hands, and the crime of this case is deemed to be less and less than that of the victim in light of the previous facts.
However, the defendant seems to have reached this case due to the lack of awareness of sex due to intellectual disability (class II), and the mother of the defendant is interested and is willing to report and educate the defendant accordingly.