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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 20, 2015, the Defendant, at around 02:00, had the victim E (n, 18 years of age) and frightly drinking in the Dotobur 1 story C, which is located in Gangnam-si, and had a sense of view after drinking alcohol. At around 05:00 on the same day, the Defendant opened the Dobur 508 unit, which was not corrected by the said Dobur 508 unit, and the victim was frightened into the victim’s side, and the drick took the fright up to the her chest, and her chest was frighted by the victim, and her breast was frightd by the victim’s hand, and her panty was frighted into the victim’s panty.
As a result, the defendant used the state of mental and physical loss as the victim's self-determination, thereby putting his finger, which is a part of body, in the sexual organ of the juvenile victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to E and F;
1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 299 and 297-2 of the Criminal Act concerning the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 provide community service orders;
1. In light of 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the motive and background of the instant crime, the fact that the Defendant has no record of criminal punishment for committing a sex offense, etc., the Defendant is likely to recommit a sex crime;
It is difficult to conclude that the defendant's age, disclosure order, or notification order is likely to be achieved due to the degree and expected side effects of the defendant's entrance.