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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 06:00 on September 9, 2014, the Defendant: (a) 15 years of age, who is a relative in the Defendant’s residence, located in the Defendant’s residence in Boan-si, and (b) 15 years of age, got out immediately after the victim’s right after the victim, (c) was broken out, and (d) was shaking the part of the victim’s winter with his hand, and (d) was able to bring the victim’s fingers into the victim’s hand, and (e) was able to have the victim’s chests and her breasts, and (e) was able to keep the victim’s panty even after the victim got out of the lock, and was able to commit conspiracy with the victim.
As such, the Defendant committed an indecent act by force against the victim of kinship.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol-Stenographic records and statement-recording CDs;
1. Application of Acts and subordinate statutes to each certified copy or abstract of resident registration record card, each family relation certificate and removed copy;
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 [the age, occupation, family environment, social ties, criminal records and the risk of recommitting a crime recorded in the record (the defendant does not have the same criminal records and does not seem to be highly dangerous
(ii) the disclosure and notification of the personal information of the accused may result in another damage to the victim, in light of the interests expected by the disclosure or notification order and the effects of prevention, and the disadvantages and side effects resulting therefrom (in view of the relationship between the accused and the victim).
Comprehensively taking account of various circumstances, the personal information of the defendant is disclosed.