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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2013, the Defendant: (a) committed self-defensive acts while viewing obscene images by using a computer at the place of residence of the victim C (Inn, 10 years of age), who is a kind of child with which it is impossible to identify the detailed address in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) had the victim kids, and the victim enter his/her chest as soon as possible, and (c) had the victim kids and kids the victim’s fingers.
Accordingly, the defendant committed indecent act against the victim under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police protocol law to C
1. Relevant Articles 305 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Where a judgment on the duty to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to
An order for disclosure or notification shall not be issued to the accused pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.
Reasons for sentencing
1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);
(d) a sex offense against a person under 13 years of age;