Text
A defendant shall be punished by imprisonment for one year.
However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 15:10 on December 26, 2013, the Defendant: (a) entered the victim E (n.e., 15 years old); (b) entered the victim’s body to commit an indecent act against the victim’s will by putting the victim into the victim’s clothes in front-gu, Sungnam-gu, Sungnam-gu; (c) “I are able to know easily to the male; (d) I are able to know about whether I or she has a male father-gu; and (e) I are able to know about her sex; and (e) I talked the victim’s her arm’s body by taking into the victim’s body in front-gu, Sungnam-gu, Sungnam-gu; and (e) I are able to look back on the victim’s her arm’s body; and (e) I are able to commit an indecent act against his will.
Summary of Evidence
1. Legal statements from witnesses E and F;
1. Application of Acts and subordinate statutes to the recording and gathering records;
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 are applicable to the crime;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons 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 defendants under 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 who are exempted from disclosure orders and notification orders shall not have any record of being punished for sexual assault crimes before committing the instant crime;
The extent of the indecent act in this case is minor and only the registration of personal information and the lecture of sexual assault treatment can be considered to have the effect of preventing recidivism.
In full view of these circumstances, rather than the benefits and preventive effects expected by the disclosure order or notification order, the special circumstances that the personal information of the defendant should not be disclosed or notified to the public in this case.