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A defendant shall be punished by imprisonment for three years.
Of the facts charged against the accused, the punishment of sexual crimes.
Reasons
Punishment of the crime
On September 24, 2015, around 20:17, the Defendant discovered the victim D (the 11 year old) of Grade 3 intellectual disability, which was moving back to the complex of the above apartment complex, and tried to move back to the defendant's office, but the victim refused it, and forced the victim's knife into the elevator with his hand and forced knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knif knif knif.
Accordingly, the defendant kidnapped the victim as a minor.
Summary of Evidence
1. Partial statement of the defendant;
1. D’s statement contained in the victim’s oral video CD, and part of D’s statement contained in the victim’s second oral video CD;
1. A criminal investigation report (to attach photographs and video CDs after capturing theCCTV), a criminal investigation report (to attach a victim’s disabled certificate), and a criminal investigation report (to attach a victim’s new photograph discovered at the suspect’s residence);
1. The Defendant alleged that he did not face the victim’s face in the elevator. However, according to the above evidence, criminal facts can be found in the judgment.
Application of Statutes
1. Grounds for sentencing Article 287 of the Criminal Act with respect to the crime;
1. Scope of punishment: Imprisonment with prison labor for one month to ten years;
2. Aggravation of punishment according to the sentencing guidelines / [Determination of type] Scope of punishment recommended according to the sentencing guidelines / Where the person engages in abduction, inducement, trafficking (including delivery, solicitation, transportation, and delivery by concealment and out of the country) only, simple abduction, inducement, trafficking, etc. (type 1): Where the victim is under 13 years of age or is in physical or mental disability (the scope of punishment recommended): Two years to four years.
3. As a result of the instant crime committed by the Defendant, he/she suffered a great mental or physical pain and suffering, and a wound.