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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 18, 2016, around 21:20, the Defendant discovered that the Victim F (F) was passed in front of the 213-dong, Seogu, Daegu apartment 213-dong, and followed the Victim, the Defendant seems to use the Victim's shoulder and chest.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. The police statement concerning F;
1. Application of CCTV Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;
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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders to attend lectures and order to provide community service;
1. In light of 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 first crime committed against the defendant without any history of sex offense, the degree of coercion of the victim, and the circumstances leading to the instant crime or the relationship with the victim, etc., it is difficult to readily conclude that the defendant has the recidivism or recidivism risk of a sexual crime, the personal information registration and participation in the sexual assault treatment course alone seems to have the effect of preventing recidivism by the defendant. In addition, considering the benefits expected by the disclosure or notification order and the effect of the prevention, disadvantages and side effects of the disclosure order, the defendant's personal information should not be disclosed or notified, and the defendant becomes finally guilty of the crime committed in relation to the registered personal information, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.