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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 15, 2017, from around 17:04 to 17:06 of the same day, the Defendant committed an indecent act against the victim, who is a child or juvenile, by reporting the victim D (the age of 14) who was accompanied by the victim D (the age of 14) at the first floor, in a way that he/she was able to turn the victim's chest part on two occasions with his/her own hand, in an elevator living between the defendant and the defendant from around 17:06 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Recording records of statements of victims;
1. Application of Acts and subordinate statutes to investigation reports (including the documents and images attached thereto, No. 19, 22, 31 and 11 of the evidence list);
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;
1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. There is a risk of sexual assaulting or recommitting a crime because the accused has no record of punishment for a sexual crime, as such, exempted from an order of disclosure or notification (the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse);
It is difficult to conclude that the defendant has an effect to prevent recidivism only with the registration of personal information.
In full view of other social benefits expected by an order to disclose or notify the personal information of the accused, and all other circumstances such as the effects of sexual crime prevention, disadvantages and anticipated side effects of the accused, there are special circumstances in which the personal information of the accused may not be disclosed or notified.
I think)
Reasons for sentencing
1. The scope of applicable sentences under law: Imprisonment with prison labor for not more than one year nor more than 15 years;
2. The scope of the recommended punishment [type determination] according to the sentencing guidelines shall be included in the range of the recommended punishment [types]. The special mitigation area (6 months to 2 years of imprisonment] of the Special Reduction Area (special mitigation person] of the punishment (special mitigation person] of the deaf children, and the indecent act by force against juveniles who are not subject to punishment shall be included in the category 2 of the recommended punishment.