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The sentence of sentence against the defendant shall be suspended.
To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On April 20, 2016, the defendant around 15:16, at the Dongwon-gu 809 apartment building, the victim E (the family name, the age 9) residing in the same apartment building leaves the kind of friendship, and the elevator was not lowered for a long time.
Defendant 1 boarding the elevator on the 7th floor of the above apartment, and then “I am bad and so why I am it has been so long.”
As the phrase "mad.", the victim's sexual organ was forced to commit an act that seems to be aimed at using the victim's head with his/her hand, and he/she saw the victim's sexual organ rapidly below the victim's own hand, while the victim escaped from the victim's body without his/her body, spawn the victim's hand, and continued to flee with the elevator's seat, and thus, he/she committed an indecent act by force against the victim under the age of 13.
Summary of Evidence
1. Partial statement of the defendant;
1. E’s statement in the victim’s video CDs;
1. On-site forests prepared in the course of statement of damage;
1. Expert opinion;
1. Application of CCTV image CD-related Acts and subordinate statutes;
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 the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 59 (1) of the Criminal Act (the punishment of suspended sentence: fine of 15 million won, the daily conversion amount of 100,000 won, and the conditions favorable to the following reasons for the sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. There is a risk of repeating a sex crime against a criminal defendant, considering the fact that the criminal defendant has no record of punishment for a sex crime, etc., of Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse, exempted from an order to disclose or notify registered information
It can not be concluded, and this is therefore.