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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 September 18, 2016, the Defendant: (a) was aware of the abolition in the ordinary world in front of the “D” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, as well as the victim E (n, 65 years of age) and the victim, who was under the influence of alcohol, was exempted from the lower part of the victim who was on the ordinary part of the victim, who was under the influence of alcohol, and committed an indecent act against the victim by taking one hand the victim who was under the resistance with one hand.
Summary of Evidence
1. The legal statement of witness F and G;
1. Statement made by the police for E;
1. 112 A list of reported cases;
1. Application of the statutes governing the place of crime;
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. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend / [Scope of Recommendation] The basic area (one month to one year) of the Act on the Punishment, etc. of Compulsory Indecent Acts (subject to 13 years or more) [Special Sentencing] The degree of punishment is strong, and the crime is not committed. It is unfavorable that the victim does not reflect the crime, or that the victim becomes aware of his/her abolition together with the defendant, and the victim is very passive in investigation and court attendance, and that the victim does not want to punish the defendant.
The punishment as ordered shall be determined by taking into account the fact that the appraisal of damage is not high.
Where a judgment of conviction against a defendant on the criminal facts in the judgment of a sexual crime subject to the registration of personal information becomes final and conclusive, 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 a related agency pursuant to Article
The defendant's age, occupation, risk of repeating a crime, health condition, type and motive of the crime of this case, process of the crime, seriousness of the crime, an order of disclosure or notification, shall be disadvantageous to the defendant due to the order of disclosure or notification.