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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B (for example, 18 years old) are known to the public from five years ago.
From around 22:40 on August 14, 2019 to 01:00 on the 15th day of the same month, the Defendant: (a) laid off the victim from the Seo-gu Seo-gu Unmanned D subparagraph; (b) laid down the victim’s hand on his part; and (c) laid down the victim’s chest in the tyrts where the victim suffered losses; and (d) laid down the victim’s chest in the tyrts where the victim suffered losses, then laid down the victim’s chest into the brush; and (c) laid down the brush inside the brush; and (d) forced the victim’s left chest on two occasions, thereby committing an indecent act by force.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the Act and subordinate statutes of the investigation report (No. 21,24)
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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. In full view of various circumstances such as the Defendant’s age, occupation, family environment, social relationship, other benefits expected by the disclosure and notification order, and the result of comparative balancing between the effect of disclosure and notification and expected side effects, the Defendant’s personal information disclosure and notification should not be disclosed and notified in light of the following: (a) there is no criminal history against the Defendant; (b) the Defendant’s crime of this case is not intended for many unspecified persons; (c) the Defendant’s registration of personal information against the Defendant and taking lectures in sexual assault treatment; and (d) the Defendant’s age, occupation, family environment, social relationship; and (e) other benefits expected by the disclosure and notification order and the effect of crime prevention; and (e) the result of comparative balancing between disadvantages and expected side effects.