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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 February 8, 2017, around 12:40, the Defendant intruded into a structure: (a) discovered the victim D (V, 7 years of age) who returned home, and drinked the victim with an intention to get sexual desire by drinking it against the victim; (b) divided the number of the entrance door of the 1st floor, 302-dong apartment, and entered the building following the victim with an open creb in the door into the building with the rate of the Belgium attached to the victim, and then intruded the victim with the third floor up to the third floor, depending on the victim’s building.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes, etc. by minors under the age of 13) on February 8, 2017, the Defendant: around 12:42 on February 12:42, 2017, when the Defendant disembarked the 302nd and third floor corridor of the above apartment, and opened a sexual flag, and waited for an elevator, the Defendant was able to inform the Defendant of the way for elementary school where the Defendant “welves, and the elementary school students at elementary school on North Korea’s seat,
The indecent act committed an indecent act against the victim under the age of 13 by walking the horses “(500 stories)” and by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Records of statements made by victims;
1. Application of investigation reports (on-site exploration - CCTV security), investigation reports (CCTV analysis) legislation;
1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, Article 298 of the Criminal Act (the fact that an indecent act is committed against a minor under the age of 13 by force, the choice of imprisonment), and Article 319 (1) of the Criminal Act (the point of intrusion on a structure and the choice of imprisonment);
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the scope of the sum of the upper limit of the punishment prescribed for each crime, which is prescribed for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier (Indecent Acts, such as deceptive schemes
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection observation and treatment order for children and juveniles against the protection of children and juveniles;