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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 7, 2017, around 10:35, the Defendant: (a) intruded into the room of the victim D (Inn, 12 years of age) located in Heung-gu, Chungcheongnam-gu; (b) invaded into the room of the residence; and (c) committed an indecent act by force against the victim, rhypted in the bed; and (d) escaped.
2. On the same day as the preceding paragraph, the Defendant committed an indecent act against the victim, such as: (a) intruded into the victim’s residence room through a 10:48 front door; (b) putting the victim’s chests in a bend; (c) continuously placing the victim’s chests inside the bend; (d) holding the victim’s chests on the part of the victim’s body; and (e) holding the victim’s chests on the part of the victim’s body; and (e) keeping the victim’s chests on the part of the victim’s body; and (e) blocking the victim’s knife and resisting the sound by placing the victim’s fingers into the part of the victim’s part; and (e) holding the victim’
As a result, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records or video recorded CDs;
1. Application of Acts and subordinate statutes to report internal history (CCTV image analysis), residential CCTV files, and investigation reports (to listen to victim-friendly telephone statements);
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 298 of the Criminal Act (a crime committed by compulsion of intrusion on residence), Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act) and crimes of violation of the Act on the Protection, etc. of Juveniles from Sexual Abuse (Indecent Act by Force) in the holding, and crimes of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Indecent Act) and crimes of violation of the Act on the Protection, etc. of Children and Juveniles from Sexual Abuse (Indecent Act by Forced Indecent Act).