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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
1. From September 30, 2018, the Defendant: (a) discovered that the victim D (the age of 11 at that time, and the age of 11 at that time) is locked up, and discovered out that he/she was locked up within the 3rd floor of the 4th floor soup set so that he/she could look back on September 30, 2018, by inserting his/her left hand and inserting him/her back to his/her inner part; and (b) made a minor under the age of 13 by inserting him/her into his/her inner part and her inner part.
2. At around 06:45 on September 30, 2018, the Defendant, at the same place as the above Paragraph 1, committed an obscene act by openly putting his hand over his part and her hand back to the end of his hand at the same place as the victim D’s daily playing.
Summary of Evidence
1. Court statement of the defendant (the second court date);
1. Statement to E by the police;
1. Stenographic records;
1. Investigation report (to listen to the victim's picture, witness's telephone call or statement);
1. Application of Acts and subordinate statutes to report internal investigation (in relation to field situations, etc., submission of written opinions by experts for statement analysis);
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Article 298 (Indecent Acts by compulsion of minors under the age of 13, Selection of Imprisonment), Article 245 (Public Indecent Acts and Selection of Imprisonment) of the Criminal Act;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishments of crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a minor under thirteen years of age)] among concurrent 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 consideration shall be made again for the reason of sentencing);
1. Protection of children and juveniles against the abuse of orders to provide community service or attend lectures;