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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 17, 2019, the defendant came to know of the victim through open hosting opened by the victim B (n, 13 years of age) on or around August 17, 2019, and suggested that the victim was able to drink and talk with the victim.
At around 06:00 on August 18, 2019, the Defendant sited in the seat of the Defendant, Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Mael No. 5th floor D, leading the Defendant to the victim, leading the victim to the rapid adoption of the Defendant’s sexual organ, and led the victim to the drafting of the victim.
As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Protocol of each police statement concerning B;
1. A E-document;
1. The application of the statutes on the content of each Kakao Stockholm dialogue and the content of each Pestbook dialogue;
1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (Article 71-1-2 and Article 17 of the same Act concerning the crime), the selection of imprisonment
1. Article 62 (1) of the Criminal Act;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities recognizes and reflects the Defendant’s mistake as a primary offender; and the Defendant appears to have committed violence against the victim. However, even though the Defendant has a social responsibility to protect and induce the Defendant to have a sound sexual morality, the instant crime is committed against the victim under 13 years of age, who is an adult, while he/she has a social responsibility to protect and lead the Defendant to have a sound sexual morality, and was committed sexual abuse that causes a sense of sexual humiliation by taking advantage of the Defendant’s sexual organ and the formation of the victim’s sexual organ, and such offense is not likely to be established yet.