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A defendant shall be punished by imprisonment for not less than one year and six months.
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
The defendant is physically handicapped in the fifth degree.
On September 1, 2017, the Defendant: (a) around 14:20 on September 1, 2017, around 14:20, the Defendant reported that the victim D, who is a child or juvenile living in the neighborhood, was staying home, and (b) reported that the victim D, who is a child or juvenile living in the neighborhood, was staying home of the Defendant, who suffered from the defect that she was living in the said apartment.
이에 피고인은 피해자에게 간식을 주고 함께 거실에서 텔레비전을 보면서 피해자의 배, 허벅지, 음부 부위를 손으로 만지고, 같이 뒹구는 척 하면서 피해자의 음부에 피고인의 성기를 비빈 후, 피해자의 입술에 뽀뽀를 하는 등 추행하였다.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Recording records of the statement;
1. Requests for a self-evaluation on October 19, 2017;
1. Application of Acts and subordinate statutes to a report on investigation (the result of appraisal of the suspect's oral examination);
1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;
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. 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 defendant has no record of punishment for a sexual crime and has no record of committing all of his/her crimes, and is recognized and against all of his/her crimes, etc., he/she may be deemed to have the effect of preventing recidivism even by taking lectures in registering
In addition, the disclosure disclosure order is given in full view of the defendant's age, family relationship, social relationship, background of the crime of this case, circumstances after the crime, etc.