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A defendant shall be punished by imprisonment for not more than ten 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
1. On March 3, 2020, the Defendant, at around 23:00, brought the stairs of the Dongjak-gu Seoul Metropolitan Government building B, and brought the stairs out of the stairs, the Defendant “a defect in a sex relationship of 100,000 won” to the victim C (the age of 20,000) and turned on the victim’s chest by hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. Around 23:00 on March 3, 2020, the Defendant assaulted the victim D’s flaps, a fat, who resisted the Defendant’s above act in front of the Dongjak-gu Seoul Metropolitan Government building, in his hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police with respect to C and D;
1. Investigation report (related to the verification of CCTVs at the scene of a incident);
1. A victim's photograph and field photograph, and the closure screen of 69 pages images;
1. Application of the CDA 1 statute
1. Relevant Article 298 of the Criminal Act and Articles 298 and 260 (1) of the Criminal Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education
1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) General standards for the first crime (determination of type) sex crimes;
(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;
(b) Second offense (determination of types of assault) (Article 1) (No person who has a general assault [the area of recommendation and the scope of recommendation] basic area, two months to ten months of imprisonment; and
(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).
2. The Defendant, who was sentenced to a sentence, commits a crime, including a crime of quasi-indecent act in 2014, sentenced to imprisonment for a period of eight months.