Text
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 May 30, 2016, at around 08:14, the Defendant discovered the victim D (or 15 years of age) who is attending a kindergarten in the Glangdong-gun C, and had scam scambling scams, and had scambling scams to commit an indecent act.
Accordingly, the defendant, while making the victim's sonship, she moved to the first floor parking lot of the E building, which is about 50 meters away from the defendant's house, with the victim's sonship.
At this point, the Defendant saw the victim as “whether or not he attends a school, or is aware of F.”
Therefore, when the victim answers that he was gathering, the defendant tried to see the victim's hand in the studio, and again see the victim's hand, and see the victim's hand in front of the defendant's studio, and take the defendant's hand in the house. However, between the defendant who takes the secret number of the studio, the defendant did not have the victim's hand and attempted to take the defendant's hand in the middle of the wind.
Accordingly, the defendant attempted to capture the victim for the purpose of indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. A total list of seized articles and a report on seizure;
1. Application of the Acts and subordinate statutes to photograph by on-site intensity and CCTV images;
1. Relevant Article of the Criminal Act and Articles 294 and 288 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. Article 62-2 (1) of the Criminal Act regarding community service order;
1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. From 1 to 10 years of imprisonment with prison labor for a prison labor within the scope of applicable sentences;
2. The sentencing criteria shall not apply to an attempt to determine a sentence.
The defendant tried to move to his house for the purpose of committing an indecent act against the victim who is a female middle student who was enrolled in school, but the victim attempted to flee with the wind.
(b).