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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 August 21, 2020, around 08:58, the Defendant committed an indecent act on the part of the victim in the electric car, which is a place where the general public is concentrated, by breaking the congested gap of the sudden string vehicle, which is 130 subway 9 under the ground of the Dongjak-gu Seoul Metropolitan Government Nowon-gu, with the direction of action in the straight-line stations of 130 subway 9, the underground, after being pushed back after the victim B (the name of the victim, the female, and the age 27).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to B (tentative name);
1. Application of Acts and subordinate statutes to report on investigation (explosive images conducted by a police officer controlling on the spot);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, and Article 59-3(1) of the same Act, which was punished by the suspension of indictment and a fine for the same kind of crime, is that the defendant committed an indecent act in a manner that embane of the victim in the mixed subway, and that the crime is not good.
However, it is somewhat advantageous to the fact that the defendant can have escaped, the whole time of the crime and reflects on the crime, and that the damaged person does not want the punishment of the defendant by agreement with the victim after the indictment.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.
Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall obtain personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.