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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On April 27, 2013, at around 23:30 on April 27, 2013, the Defendant thought that the victim D (the 16-year-old age), who is intending to sleep, is considered to have committed an indecent act against the female, and attempted to have the female knick by inserting his/her hand in his/her upper part, and continued to have his/her breast side by spreading the knick, with his/her knick knife.
Accordingly, the defendant committed indecent acts by taking advantage of the victim's refusal to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement in D and E;
1. Application of the Acts and subordinate statutes in which an investigation report (to hear a victim's D phone statement);
1. Article 7 (4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act concerning criminal facts;
2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
3. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. In full view of the following, the Defendant’s personal information is a primary offender who has no criminal history, and the Defendant appears to have committed the instant crime, and it is difficult to readily conclude that the Defendant committed the instant crime in a contingent manner; the Defendant’s social relative relation appears to be clear; the risk of recidivism is not high; and in this case, the Defendant’s personal information registration and participation in the treatment of sexual assault appears to have an effect to prevent recidivism to a certain extent.