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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 17, 2014, at around 10:40, the Defendant boarded the front line of subway 2, the subway line in the direction of the new village in Guro-gu Seoul, Guro-gu, Seoul, and discovered that the victim B (the aged 21) was seated in the seat, and knee knee knee knee knee knee knee knee knee knee knee knee kne.
The Defendant, on the right hand of the victim, fucked down to the left hand of the victim and fucked to the victim's left hand on the bank, and fucked up about 10 minutes of the victim's bucks with the victim's hand.
Accordingly, the defendant committed an indecent act on the part of the victim by using the state of mental disorder of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective laws and regulations in C and B;
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to the obligation to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency
When comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.