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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
On July 4, 2017, at around 17:30, the Defendant discovered the victim D (V, 9 years old) who was aware of the Plaintiff’s 101 Dongdong-gu, Bupyeong-gu, Incheon, Bupyeong-gu apartment house 101, and committed an indecent act against the victim’s own will in the face of both arms.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records;
1. Statement made by the police for E;
1. Photographss and field photographs by capturing ct v images;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
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. There are special circumstances in which it is impossible to impose an order to attend a course on the accused, considering the fact that the accused has a hearing impairment and is old, etc., under the proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse;
[Judgment]
1. There are special circumstances in which disclosure of the personal information of the accused may not be disclosed, in consideration of the defendant's age, environment, criminal records, and the risk of recidivism (no criminal record), the profits and preventive effects expected by an order to disclose information, the disadvantages and side effects of such an order, etc., and other relevant factors.
[Judgment] Grounds for sentencing
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommendation and the scope of the recommended punishment] in the case where the degree of the commission of the three types (the person subject to a special mitigation] (the person subject to a special mitigation] is weak; the area of mitigation [the scope of the recommendation and the scope of the recommended punishment]; the area of imprisonment from June to May 3.