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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. On June 28, 2015, the Defendant: (a) around 07:50 on June 28, 2015, at the place of residence of the victim D (the 13-year old age), the Defendant opened an unrecepted door door and intruded into the victim’s room; (b) opened the victim’s chests on the bed part of the bed; and (c) committed an indecent act by force on the part of the victim.
B. At around 08:00 on the same day, the Defendant: (a) confirmed the victim D’s leakage on the part of the bed; (b) infringed the victim’s room by the said method again; and (c) committed an indecent act on the victim’s chest on the bed part of the bed; and (d) committed several times by force on the part of the bed part of the bed part.
2. At around 08:00 on the same day, the Defendant made a publicly obscene act by taking the sexual organ out and self-defacing it by taking out the sexual organ from the front floor of the above apartment 402 unit E (n, 39 years old).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Stenographic records of integrated support centers for victims of former sexual assault;
1. Investigation report (related to a joints of bricks attached to a suspect), photographs (related to 143 pages of investigation records);
1. Application of two Acts and subordinate statutes to video CDs;
1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act, Article 245 of the Criminal Act concerning criminal facts, applicable provisions concerning the punishment of sexual crimes, and the choice of a sentence, and Article 245 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 1-2 of the Judgment with the most severe punishment and punishment] among concurrent crimes;
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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.