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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 9, 2017, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor for an obscene crime in the Busan District Court, and the judgment became final and conclusive on August 16, 2017.
2. Criminal facts;
A. On May 17, 2017, the Defendant sent the victim C (the 23-year-old) a cell phone to carry the trade name in Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “D”).
Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying sexual humiliation.
B. On May 2017, the Defendant was forced to commit an indecent act on the part of the Flaundry House located in Busan, Busan, Busan, on the part of the Defendant, and on the part of the said victim, who was walking along the way, and on the other hand, on the part of the Defendant.
The term "in anywhere," refers to "in the victim's her son was only one time."
Accordingly, the defendant committed indecent acts against the victim by assault.
Summary of Evidence
1. Crimes indicated in judgment;
(a) Statement by the defendant in court;
B. Statement by the police against C
(c) Each text message image;
2. The records of the offense;
(a) A copy of the judgment;
B. Application of the law reporting prior convictions and results of confirmation
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) An act of obscenity using a communications medium: Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(b) Indecent conduct in force: Article 298 of the Criminal Act.
2. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes: Article 39 (1) (the crime of obscenity during the record of the crime as indicated in the judgment and each of the crimes in this case);
3. Aggravation of concurrent crimes: (a) Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [the aggravated punishment to the extent that the total sum of the long-term punishments of violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) with respect to the punishment heavier than the heavier compulsory indecent crimes].