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A defendant shall be punished by imprisonment for two years.
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 February 17, 2014, around 13:00, at the office of the defendant's office located in Socheon-si C Apartment 4, 403 Do 1403, the defendant got locked with the victim D (n, 18 years old) who met and became aware of at the convenience store on the same day, and two victim's relatives.
The Defendant committed an indecent act against the victim by making the victim knee and panty who was in mind of committing an indecent act against the victim, leaving knee and panty, leaving the victim knee with his resistance, making the victim unsatisfing the victim, and satisfing the victim’s satisf around the victim’s resistance.
Accordingly, the defendant committed an indecent act by force against a juvenile victim who is not able to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning victims D;
1. Statement to E by the police;
1. A written statement of the victim D;
1. Recording records of statements of victims;
1. A victim’s statement video CD;
1. Application of Acts and subordinate statutes to correspondences;
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;
2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
3. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Reasons for sentencing under Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Determination of Punishment] Aggravated Punishment of Indecent Act by Indecent Acts (including indecent acts by deceptive means or by force) on the general standards for sex offenses (including persons aged 13 or older): A mitigated element: A mitigated element of punishment [the decision of the recommended field] [the scope of the recommendation field] mitigated area] [the mitigated element of imprisonment with prison labor for not less than one year but not more than two years [the general person] aggravated element of a crime against juveniles: (a) imprisonment with prison labor for not less than two years and not more than 30 years [the scope of punishment] sentenced to a suspended sentence of imprisonment for not more than two years (the decision of the sentenced sentence]; and (b) In the instant case, the defendant committed indecent acts against the