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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 August 28, 2018, around 13:54, 2018, the Defendant discovered the victim C (tentative name, leisure, 15 years of age) and asked the victim to promptly help the victim confirm that the victim was a juvenile who was going out of the victim while the victim talked with the victim, and became the Defendant’s residence in the building E in the old and US City.
During the period from 15:53 to 16:53 on the same day, the Defendant was sitting together with the victim in the above Defendant’s residence and dialogueed with the victim, the victim’s bucks are rhumd and rhumd with the victim’s hand, and the victim’s bucks are able to see the victim’s quantity with both hand. The Defendant dump bucks were placed in the victim’s bridge between the two-halfs, and khumd twice by hand.
As a result, the defendant committed an indecent act against a child or juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim;
1. Application of each investigation report (the details of receipt of the report and the specific residence of the suspect, the attachment of CCTV photographs to capture the mobile route CCTV, the attachment of physical clothes taken by the victim at the time, and the attachment of CDs to CCTV images for crime prevention at parks and residential areas);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act concerning the punishment of the crime;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. The Defendant has no record of committing a sex crime, and only facts constituting a crime in its holding, 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, and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018).