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A defendant shall be punished by imprisonment for two years.
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 May 23, 2019, at around 20:05, the Defendant: (a) was under the influence of alcohol at “C” at a “C” site held in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-gun, and (b) was under the influence of alcohol to the victim D (name, leisure, 13 years old); (c) the victim E (name, leisure, 13 years old), and (d) the victim E in the manner that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the victim D, E, F, and G;
1. Application of the statement-related Acts and subordinate statutes contained in each video recording CD against the victim D, E, F, and G;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (only when a concurrent crime resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims F with heavy circumstances exists);
1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);
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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. The age, family environment, social ties, previous convictions (not previous, previous, and the risk of recidivism) of the accused, and other various circumstances, such as the benefits and effects expected by the disclosure order or notification order of this case, the disadvantage and side effects therefrom, etc., which are acknowledged as recorded, shall be included in 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.