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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is between the victim B (one, two-seven years of age) and the victim.
On September 17, 2020, the Defendant: (a) discovered a short passenger suffering from subway 5 lines of subway lines 08:00, the Defendant got on the same subway vehicle as the victim, and caused his desire to do so; (b) around 08:05 on the same day, the Defendant mar the Defendant’s body by using the crepands of the passengers aboard the subway 5 lines in Gangdong-gu Seoul Metropolitan Government, thereby fasting the Defendant’s body after the victim’s body, marbing the victim’s her hand; (c) committed an indecent act on eight occasions in total, such as the list of crimes, from that time to October 27, 2020.
Accordingly, the defendant committed an indecent act against the victim in the means of public transportation.
Summary of Evidence
1. Application of Acts and subordinate statutes to photograph (15 pages of investigation records), such as the scene of each police statement protocol against Defendant’s legal statement B (15th page of investigation records), each CCTV image closure photograph (29, 58, 77th page of investigation records), to capture images of text messages (62th page of investigation records), and to SNS closure photographs (70th page of investigation records);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. An order of disclosure, an order of notification, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act (i.e., the specific method and details of the instant crime, the background and background of the crime, the relationship with the victim, the age, character and conduct of the accused after the crime, and the records of the offense, shall be taken into account, to prevent and prevent recidivism by the accused and to children and juveniles.