Text
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
Defendant
On April 10, 2019, at around 18:55, the respondent for the attachment order (hereinafter referred to as the "defendant") discovered the victim D (Gam, remaining, and 5 years old) playing mixedly in front of the "C Kinginging machine" in Pyeongtaek-gun B, Pyeongtaek-gun, and found the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes or the victim's her her her her her her her her her her her her her her shes her
Accordingly, the defendant inducedd the victim for the purpose of indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Stenographic records of statements made to victims of D;
1. An expert opinion on a child sexual assault case;
1. Investigation report (to screen a photograph of images taken by a suspect and a victimized child);
1. Application of Acts and subordinate statutes on site photographs;
1. Article 288 (1) of the Criminal Act applicable to the facts constituting the crime;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Probation Crimes;
1. Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main text of Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “where a sentence is imposed due to a sex offense against a child or youth or a sex offense against an adult, an employment restriction shall be imposed on a child or youth-related institution, etc. for a certain period by judgment.” The crime of inducement of indecent acts under Article 288(1) of the Criminal Act against a child or youth is not included in “sex offense against a child or youth” under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the crime of inducement of indecent acts against a child or youth under Article 28(1) is not included in “sexual offense against a child or youth” under Article 2 subparag