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Defendant shall be punished by a fine of KRW 5,000,000.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 22, 2018, around 20:36, the Defendant committed an indecent act against the victim, who is a child or juvenile, by making up for the victim’s knife the knife of the knife of the knife, one of the knife’s knife of the knife, knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to E and F;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 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. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of sentence is invalidated or revoked);
1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is deemed unable to expect the effectiveness of re-offending through taking sexual assault treatment courses because it is difficult to expect the effect of re-offending due to the lack of smooth communication through Korean language, and thus, there are special circumstances in which the order to attend courses cannot be imposed);
1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In full view of the accused’s likelihood of recidivism of sexual crimes, the degree and anticipated side effects of the accused’s disadvantage due to an order of disclosure or notification, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration, etc., under 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.