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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 8, 2016, the Defendant: (a) took action to show the victim’sJ (the 14 years old), which had been operating by the Defendant in Ansan-si, the upper part of the victim’s chest by hand; (b) went through a narrow channel in the victim’s future; (c) put the victim’s left hand on the chest part of the victim’s chest; (d) put the victim’s breast part into a fluor; and (e) committed an indecent act by force by force, by taking action to put the victim’s breast part into a fluor; and (e) put the victim’s chest part into a fluoring part; (e) put the victim’s chest part into a fluoring part; and (e) committed an indecent act by force against the victim, a child or juvenile.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement and stenographic records of a victim recorded in a video recording CD;
1. Application of CCTV-related Acts and subordinate statutes;
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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;
1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and
2. The scope of punishment recommended according to the sentencing guidelines [the types of sex offenses];
1. General standards:
B. Article 2 (Indecent Acts by Forced Conduct by Juveniles) type 2 (Indecent Acts by Forced Conduct by Juveniles) (Indecent Acts by Forced Conduct by Juveniles) / [the scope of the recommended punishment] 2 years (the scope of the reduced punishment) juvenile indecent acts by Forced Conduct by Juveniles shall be included in the type 2, but the upper limit and lower limit of the recommended sentence range (one year and six months to three years) shall be mitigated to 2/3.
However, since the lower limit of the applicable sentencing guidelines recommended by the sentencing guidelines does not coincide with the lower limit of the applicable sentencing standards by law, the lower limit of the applicable sentencing standards by law shall govern.
3. The crime of this case by which a sentence is rendered shall be committed by the defendant himself.