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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is in charge of driving of the E-wing and van to be used by the originals of the “D” in the Gu in the Chang Sea of Jin-si operated by the Defendant’s wife, such as the originals of the “D” in the Gu.
On May 28, 2015, the Defendant parked the said van in a public parking lot near G elementary school located in GuF, G elementary school located in GuF and was waiting to board the vehicle at the above place, and was seated in the driver’s seat while waiting to board the vehicle at the above place, the Defendant was seated in the driver’s seat behind the above van’s seat at the time, and was seated in the front seat of the above van’s driving seat at the above van, the Defendant H (V) who is the first generation of the above van’s driving seat at around
“The victim was knee of the Defendant, knee of the Defendant, knee of the Defendant, knee of the Victim, and knebed the Victim into the victim’s seat while playing a driving play, and led the minor under the age of 13 to commit an indecent act by force against the victim.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Each police statement made to I and J;
1. Application of Acts and subordinate statutes to H:
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
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 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an order to attend a lecture or community service
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of being punished for the same kind of crime, and the circumstances leading to the instant crime, etc. are highly likely to cause habitual outbreak of sexual assault against the defendant, or cause the defendant to recommit a sexual crime;
It is difficult to conclude.