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A defendant shall be punished by imprisonment for not less than two years and six months.
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 April 26, 2017, around 15:28, the Defendant parked the Defendant’s Epoter cargo vehicle on the front side of the Incheon Nam-gu Office Officetel “Dtel”, which is located in the Nam-gu Incheon Metropolitan City C, and was seated up to the driver’s seat, and laid off the fluor.
In the course of self-defense, I found the victim F (one, seven years of age) who gets mixed while in the time mobile phone calls, and got the victim from the vehicle to have the mind of forced indecent act.
The defendant continued to ask the victim " several cases of death", and tried to look at the victim's body behind the victim's body by using his/her two arms, leaving the victim's right chest, and towing the victim between the vehicle and the vehicle, and then, the defendant's sexual organ is considered to have been changed by taking the head part of the victim's body toward his/her hand.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records;
1. A reply to a reply to the results of CCTV image reading, and a statement and analysis of experts in child sexual assault cases;
1. 112 Reporting case handling table;
1. Application of the statutes on real photographs, such as field photographs, black stuff images, CCTV images, CCTV photographs in the Southern Police Station, and suspect vehicles;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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 Defendant did not have any history of criminal punishment for sexual crimes prior to the instant case, and an order to register personal information of the Defendant and to attend a lecture for treatment of sexual assault to a certain extent is also prevented.