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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 22, 2018, around 18:49, the Defendant appeared to take charge of the victim’s buckbucks with his/her own left hand by making him/her sit on the side of the victim D (V, 14 years old) who is a child or juvenile who was seated in the event.”
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Video recording and stenographic records in relation to a report of internal investigation (for the purpose of victim D, accompanied by a video recording and stenographic records), one picture and stenographic records;
1. A report on internal investigation (verification of CCTV at the place of occurrence), CCTV images-fashion photographs;
1. Each investigation report (specific suspect, CCTV verification, and CCTV addition);
1. Application of CCTV tracking routes and caps photographs, CCTV tracking routes, and Acts and subordinate statutes to capsize the CCTV station;
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 the relevant criminal facts;
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 among the reasons for sentencing)
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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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; the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018) (the same shall apply to a defendant who has no record of punishment for sexual assault crimes) is likely to cause recidivism or recidivism of sexual assault since he/she had no record of punishment for sexual assault crimes;
It is difficult to conclude that the registration of personal information of the defendant, the protection and observation of personal information of the defendant, and the lectures to treat sexual assault can have the effect of preventing recidivism to some extent.
In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc.