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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
Criminal facts
Defendant 2017 Gohap 115 and the person who requested an attachment order (hereinafter “Defendant”) were those who worked as an employee in the Doro Doro or 4th floor in Seo-gu, Seo-gu, Gwangju, and who were locked from the Doro Doro 11:00 on February 16, 2017, at around 11:00, the Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro
As a result, the defendant committed indecent acts by taking advantage of the juvenile victim's non-competence situation.
The Defendant, on August 11, 2017, 2017, 203:26, 03:26 on August 11, 201, the Defendant: (a) reported the Victim H (F) who was divingd in the “G Mana,” F, Ansan-si, Sinsan-si, to commit an indecent act with the sexual desire, and (b) took the son’s hand against the victim, and (c) took the son’s hand against the victim.
Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.
Summary of Evidence
"2017 Gohap 115"
1. Statement by the defendant in court;
1. Each police statement protocol with I and E "2017, 354";
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of investigation reports (on-site photographs and CCTV investigations), Reference photographic Acts and subordinate statutes;
1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a indecent act by force against children, a choice of imprisonment), Articles 299 and 298 of the Criminal Act (a quasi forced indecent act by force, a choice of imprisonment, etc.) concerning criminal facts;
1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the sum of the long-term punishments of the above two crimes is aggregated) committed for a violation of the Act on the Protection of Gender Equality of Juveniles with heavy punishment];
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Orders to observe protection and attend lectures;