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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 21, 2017, at around 14:00, the Defendant: (a) reported the victim E (n, 7 years old) who was coming from the hospital located in Daegu Dong-gu, Daegu-gu, about 14:00; (b) reported the victim E (n, 7 years old); and (c) made the victim’s kis, kis, kis, kis, and kis, called “in the calculation of tax base, kis,” several times.
Accordingly, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. CCTV image data;
1. Application of statutes governing stenographic records at the Daegu Sea Center;
1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the former Child Reinstatement Act (amended by Act No. 14925, Oct. 24, 2017) applicable to criminal facts and the former Child Reinstatement Act (amended by Act No. 14925, Oct. 24, 2017)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse (the same kind of crime was not committed and there was no motive to meet the sexual desire in light of the circumstances of the crime;
In this regard, it is judged that the community service order is more effective in preventing recidivism) the victim suffered after being suffering from severe emotional impulse due to the defendant's act for sentencing.
In light of the fact that the victim or his/her legal representative did not receive a letter of confinement, the sentence shall be determined in consideration of the favorable circumstances in which there is no record of punishment for the same kind of crime or imprisonment, and the execution shall be suspended, but it shall be attached on the condition of community service.
When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43
An order to disclose or notify personal information shall be exempted.