Text
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. On May 6, 2015, the Defendant discovered the victim D (manam and 8 years old) in the play area located in Daejeon Dong-gu Daejeon on May 17:30, 2015, the Defendant made two times the victim’s sexual organ. The victim’s sexual organ was the victim’s sexual organ.
Accordingly, the defendant committed indecent acts by compulsion against a person under 13 years of age.
2. On May 28, 2015, at around 15:00, the Defendant discovered the Defendant’s house in front of the Defendant’s house located in Daejeon Dong-gu, and found that the Victim F (n, 9 years of age) residing in the vicinity returned home, and the Victim D, “I kis, kis, kis, kis, kis, kis, and kis, kis, kis, kis, kis, and ksks, kis, kis, ksks, knicks, knicks, and knicks.
Accordingly, the defendant committed indecent acts by compulsion against a person under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Application of the photographic Acts and subordinate statutes;
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;
2. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravated increase of concurrent crimes concerning concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on May 28, 2015 (aggravated Punishment of Minors under the age of 13)
3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
5. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Scope of recommended sentences according to the sentencing criteria;
A. The mitigated area (two and a half years from June to five years) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a person under the age of 13) (a person under the age of 13) is the mitigated area (a person under a special mitigation) of a sex offense subject to the age of 13.