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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 July 9, 2016, around 22:25, the Defendant 22:25, coming from the front side of the E convenience store located in Geumcheon-gu Seoul Metropolitan Government, the Defendant saw the part of the victim’s drinking part as the hand floor, and kid by her cell phone in the vicinity, and her cell phone was frighted by the victim’s G (n.e., 15 years old) where her head was broom.
Accordingly, the defendant committed a forced indecent act against the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to F and G;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against heavy victims F];
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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;
1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 22 years and not more than 6 months;
2. Application of the sentencing criteria;
(a) Class 2 (Special Indecent Acts by Juveniles)(Indecent Acts by Juveniles) (Indecent Acts by Juveniles) for the type of crime Nos. 1 and 2 (In the case of a crime by which the exercise of force is significantly weak, [the scope of the recommended sentence] mitigation area [the scope of the recommended sentence] mitigation area] imprisonment with prison labor for not less than one year but not more than two years (in the case of a indecent act by juveniles, it shall be included in Type 2, but the upper and lower limit of the scope of sentence shall be reduced to 2/3);
(b) the result of the aggravation of multiple offenses (No. 1/2 of the upper limit of crime No. 2).