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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 14:30 on March 14, 2019, the Defendant tried to kisk a kis, or tried to kis, the victim D (the son, son, son, 9 years old) in the Daegu Dong-gu C Park Ba, Daegu-gu, Daegu-gu, about 14:30, and the victim tried to do so, but the Defendant did not have the intent of escape while the victim kis.
Accordingly, the defendant tried to commit an indecent act by force against a minor under 13 years of age, but attempted to commit an attempted act.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation (a video recording and stenographic records of a victim D), one copy of such report, stenographic records, and a statement of analysis of children's statement;
1. Each investigation report (a witness's statement, etc., and an investigation into witness);
1. Application of Acts and subordinate statutes to notify departments related to the report of 112 case;
1. Relevant Articles 15 and 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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;
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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Although the Defendant was subject to criminal punishment by committing the same kind of crime under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree of indecent act and force of the instant case is relatively minor, the same as the previous crime is not identical to the previous crime, and the order to attend the sexual assault treatment lecture and the order to register personal information and to restrict employment can be seen to have the effect of preventing recidivism even by itself, other than the Defendant’s age, motive and method of the crime, Defendant’s character, character and environment, and disclosure order.