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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 04:10 on May 14, 2012, the Defendant committed an indecent act against the female by force by taking advantage of the fact that the victim E ( women, 37 years of age) was in a state that he was unable to resist due to locking and taking advantage of the fact that the victim E(s) was in a state that he was unable to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 57 of the Criminal Act including days of pre-trial detention;
1. Article 62 (1) of the Criminal Act;
1. The risk of recidivism is recognized in light of the following: (a) the probation and order to attend a course under Article 62-2(1) of the Criminal Act; and Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes: (b) the choice of imprisonment has not yet passed due to the nature of the crime; (c) the number of past criminal records has much past criminal records; and (d) the suspension of execution of punishment has reached an agreement on the commission of identical crimes even around December 2009, taking into account the fact that there are many records of past criminal records, etc.
1. Articles 4 (1) and 42 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( December 18, 2012), which shall be submitted (where a conviction is finalized on the basis of the facts constituting an offense on the market);
1. Whether to issue an order to disclose or notify to the public: Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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