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A defendant shall be punished by imprisonment for not less than one year and six 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
1. On March 29, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) committed an indecent act by force against the victim, who was a child or juvenile, by putting the victim’s chest on the victim’s chest by hand from behind the victim’s E (the 17-year old age), such as the victim’s rash, following the victim’s home, etc., depending on the victim’s rash, etc., and by placing the victim’s finger on the part of the victim who was going beyond the floor, the victim was frightened with the victim’s negative part on the part of the victim.
2. On April 4, 2015, around 01:20, the Defendant: (a) committed indecent act by compulsion; (b) on the part of the victim G (n) located in Songpa-gu Seoul Metropolitan Government F, the Defendant committed an indecent act by compulsion by force by forcing the victim to wear the victim’s chest by driving the victim’s chest on his/her own, etc., and by preventing him/her from suffering sound by getting out of the floor.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of stenographic records (E) Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two 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. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.