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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 25, 2019, at around 15:29, the Defendant boarded the B C bus in front of the gas station located in the Eunpyeong-gu Seoul Metropolitan Government large-dong, which is in front of the gas station located in the front of the gas station, and 3 times in the air basin in the Gu mountain basin, used the arms of the victim D (the name, the 17-year old), who sits in the side by hand, cut the shoulder of the victim by the Defendant’s arms, and committed an indecent act by force against the victim, who is a child and juvenile, by using the buckbucks of the victim’s arms at his hand.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. 112Report settlement statement;
1. Application of the Act and subordinate statutes to report an investigation (to listen to witness E phone statements);
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 select the relevant criminal facts and punishment;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. Scope of applicable sentences under law: One to fifteen years of imprisonment;
2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(b) The crime of indecent act by force (including the 13 years of age or older) [the category 2] indecent act by force, such as indecent act by force or by force on residence, etc. by relatives: Where the degree of indecent act by force is weak, [the area of recommendations and the scope of recommendations] mitigation area, one year to two years [the scope of punishment by force or by force on youth] shall be included in the category 2, but the upper and lower limits of the scope of punishment shall be reduced to 2/3];
3. The Defendant, who was sentenced to sentence, committed an indecent act on the part of a juvenile victim in a bus.