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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On July 4, 2014, at around 09:15, the Defendant discovered the victim C (the age of 28) who had been under the influence to wait for a bus in front of the bus stops located in the open-gu bus bus stops at Suwon-si, Suwon-si, 2014. The Defendant taken the victim’s hallon who could cause sexual humiliation or shame against the victim’s will by using S3 mobile phones owned by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim C;
1. Written statements prepared in D;
1. Application of the Acts and subordinate statutes to a report on investigation (Attachment of photographs by cutting down the flaps of the victim);
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Since the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the instant crime even though the Defendant had been sentenced to a fine for the same kind of crime, the Defendant selected the Defendant to be sentenced to imprisonment with prison labor and suspended the execution of the sentence and ordered the Defendant to attend the sexual assault treatment lecture, taking into account the reflectness, etc.
In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify the information.