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Defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
On October 24, 2014, the person requesting probation order (hereinafter referred to as the "defendant") committed an indecent act against the victim, who is a child, by using the victim G in the toilet in the third floor toilets of the building of the F Institute of Private Teaching Institutes located in Nam-gu, Nam-gu, Gwangju (hereinafter referred to as the "defendant") on October 24, 201.
Summary of Evidence
1. Any statement made by the defendant in compliance with this Act;
1. The statement made by the injured party from among video recording works made to the injured party G, which fit for such video recording;
1. Application of the video-related Acts and subordinate statutes to the photographs of stimuls related to the case;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);
1. Suspension of execution under Article 62 (1) of the Criminal Act (the degree of indecent act is not relatively much severe, the relationship between the defendant's family is clear, and other circumstances are considered such as the defendant's age, character and conduct, means and result of a crime, possibility of edification within home and society in light of the circumstances after the crime, etc.);
1. According to the records, following facts can be acknowledged in light of the reason for sentencing of Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
1. From the first year of elementary school, the Defendant, including the mental history of the Defendant, suffered from voice, dynasium, mixed mix mix mix mix mix mal disorder, and her mental disorder and treatment for more than 10 years.
From the time of an elementary school, the Defendant has expressed a desire, such as “bet.”, and expressed a woman on the street, and has prevented him/her from divulging his/her body with the intention of not exposing his/her disability outside the house.
2. The defendant shall be deemed to have committed a crime, such as Mano-ho video.