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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
Around September 16, 2015, when the Defendant lacks the ability to discern things or make decisions due to symptoms of main or alcohol dependence, the Defendant committed an indecent act by force against the victim by means of detecting the elevator in front of the subway station located in Busan Metropolitan Government C, and discovering the victim E (five years of age) in front of the elevator station located in the subway station located in Busan Metropolitan City on September 16, 2015, attempting the victim to commit an indecent act against the other person, making the victim board the elevator with the latter, and making the victim on board the elevator.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of each photograph and each investigation report (Evidence Nos. 3, 5, 8, 9, 17) statute
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 298 of the Criminal Act;
1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness (the mental and physical weakness caused by the main alcohol or alcohol dependence);
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. Article 62-2 of the Criminal Act; the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In full view of the Defendant’s age, occupation, family environment, social ties, previous convictions, the risk of recidivism, and other various circumstances, such as the benefits and preventive effects expected from the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified.
[Judgment] Grounds for sentencing
1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;
2. Scope of recommendations: 13 years of age, general standards;