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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
Criminal facts
At around 06:30 on December 18, 2019, the Defendant, while drinking alcohol with the victim D (Inn, 44 years of age) located within the area of the victim D (Inn, she) located within the north-gu building C, North Korea-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, the Defendant was off from all the part of the victim under the influence of alcohol and met with the victim’s hands.
Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Articles 299 and 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under 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 Probation;
1. The scope of punishment by law: One month to ten years;
2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(b) The crime of indecent act by compulsion (the 13 years of age or older) [the 1] general indecent act by compulsion (the person in special form] - the mitigated element: the mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated range of punishment, one month to one year [the person in general form] [the grounds for suspended execution] - The major reasons for non-guilty: The penalty is not imposed.
3. The degree and circumstances of the indecent act, circumstances after the crime, Defendant’s penal power and reflectivity, etc., together with the above sentencing factors.
Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information in accordance with 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 pursuant to Article 43
The defendant's age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, exempted from the disclosure and notification order, shall be the defendant's age, occupation, criminal records, risk of recidivism.