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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
On June 17, 2015, at around 22:50, the Defendant committed an indecent act against the victim E (here, 17 years of age) who was satisfing in the mouth near the Young-gu, Suwon-si, Suwon-si, with his desire to take care of the victim, and following the victim, the Defendant satisfing his hand with the bed of the victim’s bed and her bed, and the Defendant continued to commit an indecent act against the victim, who is a juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Reports on internal investigation by the police, reports on internal investigation by the police (permanent interpretation, CCTV confirmation, CCTV confirmation, and search), and reports on investigation by the police (the details of selection of the suspect, etc., the suspect, specific suspect, CCTV confirmation around the scene, and search and investigation by the police);
1. A report on the preparation of a transcript (including attached data);
1. A digital analysis appraisal report;
1. Application of Acts and subordinate statutes, such as field photographs;
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 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 in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this shall be repeatedly considered as above);
1. Protection and observation and the proviso to Article 62-2 (1) and (2) of the Criminal Act of the community service order;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. A person who is finally and conclusively convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles against Sexual Abuse by a child subject to disclosure notification is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the conviction is finalized.
Reasons for sentencing
1. One year to fifteen years from the imprisonment with prison labor within the applicable range;
2. Crimes of indecent acts by force (not less than 13 years old) of the scope of punishment recommended according to the sentencing guidelines [the types of decisions] of sexual crimes.