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A defendant shall be punished by imprisonment for two years.
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
The defendant is a foreigner of Chinese nationality.
1. On September 13, 2017, the Defendant committed the crime against the victim B, at the entrance of the “D” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, on September 13, 2017, the Defendant used the victim B (the name, the age of 14) and his/her friendship to use the E’s arms in his/her arms, thereby preventing the Defendant from using his/her arms, with the victim’s chest hand, and using the victim’s chest and the ship.
Accordingly, the defendant forcedly committed an indecent act against a child or juvenile victim.
2. The Defendant committed the crime against the Victim F with the defect that: (a) the victim F (the name, the 17-year age), who is the branch of the above E (the 17-year age), sought to catch the shoulder of the victim; and (b) write the victim’s chest into the victim’s own hand at the time, place, and at the same time and place under the above paragraph (1).
Accordingly, the defendant forcedly committed an indecent act against a child or juvenile victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B (tentative name) and F (tentative name);
1. E statements;
1. Investigation report (the change of the name of the applicable crime), investigation report (the hearing of statements from the victim, etc.);
1. Data to respond written statements to the victim B;
1. Application of Acts and subordinate statutes on photographic materials produced;
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, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims B with heavier penalty];
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The accused under 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 who are exempted from an order to disclose information and an order to notify information shall be readily concluded that there exists no record of punishment for sexual crimes and