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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
Punishment of the crime
At around 05:15 on January 4, 2014, the Defendant: (a) brought the victim at a sobry c “C” room located in the Northern-gu B at the port of one hand from the victim D (the age of 23) to the victim; (b) brought the victim into the victim; (c) brought the victim again in the victim’s clothes; (d) made the victim a ppuri son again into the victim’s clothes; and (e) embl, fl, and fl, fl, and fl, fl, fl, fl, fl, and fl, fl fl fl fl fl fl fl fl fl fl b
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. In light of various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, the defendant alleged that he was in a state of mental disorder by drinking alcohol at the time of the crime of this case, and thus, it cannot be seen that the defendant was under a state of lacking the ability to discern things or make decisions by drinking alcohol at the time of the crime of this case. Thus, the above argument by the defendant cannot be accepted.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. Scope of recommendations on the sentencing criteria - range of recommendations - sexual crime group, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), first category (general indecent act by compulsion) - mitigated area (where the exercise of force is significantly weak), January - one year of imprisonment - Suspension of execution: the tangible force (finite reasons).