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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
【The Defendant was sentenced to three years of imprisonment with labor for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Sexual Intercourse with Persons with Disabilities) at the Daegu High Court on December 17, 2015, and the said judgment became final and conclusive on December 25, 2015.
【Criminal facts】 On September 19, 2015, the Defendant covered the instant victim D (63 tax) by covering the lids from the lids of the C, which are located in the Daegu Sinwon-Eup, Daegu Singu Seoul Special Metropolitan City on September 17:30, 2015.
As the victim said, the victim was able to take two parts of the victim’s head on the floor of hand on the ground that the victim was sleeped, and the victim was able to walk the part of the victim’s body on several occasions due to the slicking of the victim, and the victim was able to take part in the part of the victim’s body on one occasion by cutting the part of the victim’s body, which was 5,6,7,7, and8 hours of treatment for about five weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Each police statement made to E and F;
1. A report on investigation (influence photographs) and a report on investigation (D medical certificates, etc.);
1. Previous records: Inquiry into criminal records, each judgment, each investigation report (Attachment, etc. of a criminal suspect A), and application of each statute of the judgment;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That in consideration of the fact that the reason for sentencing of Article 39(1) is detained as a second-class crime, and the defendant was sentenced to a heavy imprisonment of four years in the first instance trial, and that the defendant did not have been tried at the court of the first instance, and that the defendant used much much more than the defendant's age to undergo a five-day medical treatment, and that the defendant did not recover from damage up to now, it is deemed that the defendant's strict punishment is inevitable.
Accordingly, the defendant led to the confession of and reflect on the crime, and the above crime was brought about by the defendant as a problem of standing.