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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 26, 2014, at around 08:38, the Defendant committed an indecent act by force against the victim at a public smuggling place by using the gap in the vicinity of the victim C (the age of 24) after the Defendant’s sexual flag and buckbucks, which is operated in the 174 subway 1’s subway station located in the city of Guro-gu Seoul, Guro-gu, Seoul, to the protection area of the digital circuit.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement of victims C;
1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the instant crime once again, despite the previous criminal records twice, the Defendant committed the instant crime, and even though the nature of the instant crime is not weak in light of the method of crime and the degree of indecent act, etc., it is against the recognition of his/her mistake and reflects that he/she did not have any record of punishment other than the above previous criminal records, and all other sentencing conditions, including the Defendant’s age, character and conduct
Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of personal information, the defendant 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 the competent agency
The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of registered information, the preventive effect of the sexual crime subject to registration, the protection of the victim.