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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On November 11, 2018, the Defendant committed an indecent act by force against the victim, including: (a) the victim D (tentative name, 3 years of age) who was accumulated in the bank and reported smartphones, and (b) the victim’s sexual organ rapidly, (c) the victim’s sexual organ by hand, and (d) the victim’s sexual organ by hand, and (d) the victim’s sexual organ by hand.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to report on investigation (video recording of the victim D), stenographic records, and criminal investigation reports (Attachment to a statement analysis statement of the victim);
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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 (the fact that the defendant has no record of criminal punishment for a crime of sexual assault, the registration of the defendant's personal information, and the participation in the sexual assault treatment lecture appears to have a certain degree of the effect of preventing recidivism, and other special circumstances such as the defendant's age, occupation, family environment, social relationship, etc., in light of the defendant's age, occupation, family environment, social relationship, etc., the disclosure and notification of
1. Taking into account the fact that the accused under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, has no record of criminal punishment as a crime of sexual assault, the Defendant’s age, family environment, possibility of recidivism, disadvantage that the Defendant would suffer due to the employment restriction order, the effect of preventing sex crimes that may be achieved thereby, etc., the employment of the accused shall not be restricted.