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The sentence against the accused shall be determined by one year and six months of imprisonment.
However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On April 23, 2017, at around 20:00 to 20:20, the Defendant: (a) on the way near the C apartment complex in Seosan, the Defendant saw the victim D (the 13-year old age), who is holding the location of the bus stop, was able to commit an indecent act by reporting the location of the bus stop; (b) was fright with the victim under the pretext of guiding the path; (c) was frighted with the victim; and (d) was frightd with the victim’s shoulder; and (d) was frightd with the victim’s shoulder while the victim refused to do so; and (d) was frightd with the body of the victim, the victim was frightd with the victim’s chest and frightd with the victim’s clothes.”
Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. Application of Acts and subordinate statutes on internal report (to secureCCTV and to attach it at the end of each year to video materials);
1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;
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. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the social ties and criminal records (no criminal records) of the Defendant indicated in the record, the circumstances and circumstances after the crime, the expectation of improving personality and behavior through the protective disposition against the Defendant and the lecture order for sexual assault treatment, and other benefits and preventive effects expected by the disclosure order or notification order and the subsequent disadvantages and side effects.