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A defendant shall be punished by imprisonment for not less than one year 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
On December 22, 2013, at around 03:10 on December 22, 2013, the Defendant, from the corridor of the first floor of the building C in the East Sea, D(W, 15 years of age) who was a juvenile, led the victim E(W, 17 years of age) who was on the side, was in both arms.
Accordingly, the victim E kids the Defendant, and the Defendant tried to kis on the victim D who was next to the Defendant again, using the said victim as both arms, and kids the victim “self, fright, love, and love.”
Accordingly, the defendant committed an indecent act by force against the victims of juveniles.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of the Acts and subordinate statutes governing CCTV images;
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 selection of applicable laws and punishment for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The grounds for sentencing on the grounds of sentencing, in light of the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from disclosure order and notification order (the Defendant did not have the history of having been punished for a sex offense prior to the instant crime; and (b) the Defendant is likely to recommit a sex offense in light of the fact that the Defendant committed a contingent crime under the influence of alcohol; and (c) the Defendant’s occupation, character and conduct, the type and motive of the instant crime; and (d) the process and consequence of the instant crime, etc., comprehensively taking account of the Defendant’s occupation, character and conduct, the type and motive of the instant crime; and (e) the benefit expected
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to June 22;
2. Application of the sentencing criteria;
(a) each;