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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 2017, the Defendant: (a) was made within the middle 16:00 table of the C underground table located in the Haan-gun, Hanam-gun, Hanam-gun, B, on the ground that the Defendant was aware of the cleaning in the underground space E (n, 40 years old) of the victim E (n, 40 years old) who is a cleaning service affiliated with D; (b) was carried out directly by the victim, and was cleaning to the victim; and (c) was under cleaning by the victim, the Defendant called the victim “I am I am I am I am I am, I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.” Even though the victim expressed his intention of refusal, the Defendant was unable to resist the body of the victim, and made the victim am I am am I am I am am I am.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;
1. Article 298 of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;
1. The sentencing criteria [Scope of recommended punishment] the crime of compulsory indecent act (subject to at least 13 years of age) and the mitigation area (one month-one year-one year-one year-one year-one year] mitigated area;
2. The punishment shall be determined as ordered in consideration of the fact that, although the degree of indecent act in the sentence is not minor, the accused is against the wrong, the primary offender is a crime, and the victim is not punished by an agreement with the victim, etc.
Where a conviction against a defendant is finalized on the criminal facts in the judgment of a sexual crime subject to the registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.