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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
At around 03:00 on September 16, 2014, the Defendant opened a door that was not corrected for about 216 at the Gangwon Yambuckdo training site 244, Gangwon-gun, Gangwon-do, Gangwon-do, and opened up to 216, and opened up to 216, the Defendant got out of the victim C (Y, 17 years of age) who was diving, and knee and knee were kne were kneed with panty by inserting the hand.
Accordingly, the defendant invaded into the room possessed by the victim and committed an indecent act against the victim by using the victim's potential to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement prepared by the police against the victim C;
1. Each report on investigation;
1. One copy of a photograph taken at the scene of the occurrence of the incident, and a photograph of a CCTV image to be taken;
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
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) and (2) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing);
1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In full view of the following facts: (a) there is no history that a defendant has been punished for a sex crime; (b) it is difficult to readily conclude that the defendant is highly likely to repeat a sex crime in light of the background of the crime in the judgment; and (c) the effect expected to be disclosed and notified of information on the accused’s disclosure and notification; and (d) the disadvantage and anticipated side effects of the accused therefrom, etc., comprehensively taking account of the following factors: (a) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; (b) Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;