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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
In the state that the defendant lacks the ability to discern things or make decisions due to mental and behavioral disorder (fence of alcohol), caused by harmful use of alcohol, the defendant takes hand over the victim E (V, 16 years of age) on the front road located in C around March 4, 2016, when he/she lacks the ability to discern things or make decisions, and he/she is able to take the victim's hand over the victim's hand.
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1) After having called “Isker, Isk, Isk, Isk, kisk, and send kisk to the kisk, Isk. Isk, kisk, kisk. Isk.
“A person who forced the victim to use sparly, and tried to use the victim’s view.”
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for victims E;
1. Application of Acts and subordinate statutes to investigation reports (CCTV image);
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse (in light of the Defendant’s age and health status, and the Defendant’s serious alcohol ozone, etc., there is no record of any sexual assault crime committed against the Defendant for exemption from the disclosure order and notification order, and solely on the circumstances indicated in the background of the instant crime or the record, there exists a habit of the sexual assault crime against the Defendant or a risk of recommitting the sexual assault crime.
In full view of all the circumstances, such as the benefits and preventive effects expected by the disclosure or notification order and the disadvantages and side effects caused thereby, it is difficult to conclude.