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A 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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 1, 2011, the defendant has served as the head of the administrative office at D elementary schools.
On June 16, 2012, the Defendant: (a) at the D Elementary School Educational Office at Seosan-si, Seosan-si on June 14:0, 2012, the Defendant permitted the victim E (V, female, age 11) who was the six-year student of the above school to study the damaged weather as a school together with his/her natives in order to study the damaged weather as a school.
The Defendant, between 14:00 and 16:00 on the same day, was seated on the strings of the conference room, and was seated on the strings of the victim’s seat and seated on the strings of the said room, and was only carried on the victim’s hand, shoulder, and vessel.
The defendant continued to enter the victim's room in the above school administrative office, "a person who enters the same time with heavy inside," and refuses it, from the rear side of the victim's refusal to do so, the victim's sound and appearance are limited to the victim's sound and appearance, and again, from the corridor in front of the above administrative office, "a person who enters the same time once" and the victim's sound and appearance were delivered to the victim's chest, and the chest was delivered back to the rear side of the victim.
Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, G, and H;
1. Recording records;
1. A child victim investigation report;
1. Application of field photographs, CCTV extraction photographs in schools, and the statutes governing the pictures;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 38 (1) 1 and 38 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;