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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
On January 24, 2018, around 11:08, the Defendant discovered the victim F (n, 17 years of age) who was masting in the middle-gu Incheon Metropolitan City, and was her her son, as the victim’s her son was her her son.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A criminal investigation report (Attachment to CCTV images, etc. on the scene of crime), and the application of CCTV-related statutes to the scene;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;
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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the age, environment, social ties, family relationship, and the record of punishment for sex offenses by the Defendant are nonexistent, and the registration of personal information of the Defendant against the Defendant and the order to attend a lecture for treatment of sexual assault appears to have the effect of preventing re-offending; and other circumstances, including the disadvantages and anticipated side effects that the Defendant may sustain due to the order to disclose information and the preventive effect of sexual crimes that may be achieved therefrom, the personal information of the Defendant may not be disclosed. The grounds for sentencing are as follows:
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. The scope of the recommended punishment on the sentencing guidelines [type determination] is a compulsory indecent act by a juvenile of the type 2 (a forced indecent act, such as forced indecent act by blood or intrusion into residence, etc.).