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A defendant shall be punished by imprisonment for not less than two years 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
Punishment of the crime
On September 21, 2014, the Defendant discovered the victim B (the age 11) coming from the opening of the subway Station in the 104 subway-gu, Seocheon-si, Seocheon-si, Seocheon-gu, 2014, and led the Defendant to commit an indecent act against the victim.
Accordingly, the Defendant, from the back of the victim who gets out of the direction of the exit 7 times, was able to write out the sudden hands in the future, and write out the sexual organ of the victim.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to investigation reports (as to the situation at the time of dispatch to the site);
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history that a defendant has been punished as a sexual crime, and the crime of this case has been divided and reflected in the truth, it is difficult to readily conclude that a defendant has a risk of committing a sexual crime again; the character and conduct of a defendant is likely to be corrected through taking part in the sexual assault therapy; the profits expected by an order to disclose or notify the registered information to the defendant; and the effects expected by the order to disclose or notify the registered information; and the disadvantages and side effects caused thereby, the defendant becomes final and conclusive to be convicted of the criminal facts indicated in the registration of personal information.