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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 피고인은 2019. 6. 13 18:55경 경기 고양시 덕양구 B에 있는 C에서 카운터에서 근무하고 있던 피해자 D(가명, 여, 21세)에게 다가가 피해자에게 “미안해요, 내가 술을 마셨어요, 귓속말을 해주겠다”라고 말하며 갑자기 자신의 얼굴을 피해자를 향해 들이밀어 피해자가 카운터 뒤 벽쪽으로 피하였고, 그 후 아이스크림을 골라 카운터에 있던 피해자에게 계산을 하던 중 갑자기 손을 내밀어 피해자의 손을 잡으려고 하였으나 피해자가 카운터 뒤 벽쪽으로 피하였다.
Therefore, although the defendant tried to forcibly commit an indecent act against the victim, he did not bring about the victim's wind, but did not commit an attempted act.
2. On June 27, 2019, at around 17:54, the Defendant: (a) reported that the victim was a married person at the place specified in paragraph (1); and (b) entered the place, “I am able to do so at a discount;” and (c) avoided the victim from coming to the her inside, as I am am scam as I am scam scam, and sent it to the Defendant on the ground that I am scam E.
Therefore, although the defendant tried to forcibly commit an indecent act against the victim, he did not bring about the victim's wind, but did not commit an attempted act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of CCTV video recording CD-related Acts and subordinate statutes;
1. Relevant Articles 300 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
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 crime committed by the Defendant with the reason of sentencing in Article 62-2 of the Criminal Act and Article 16(2) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes seems to have been committed by the victim.
The defendant recognized the crime and is in profoundly against the defendant, and each crime was committed against the attempted crime.
(b) the defendant;