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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 April 2014, the Defendant was forced to commit an indecent act on the part of the victim E (the 81-year-old) who was fright side of the victim E (the 81-year-old-old-old-old-old), in order to prepare for food in the room for female older persons in the D senior citizens center located in Sungsung-gun Group C at the end of the day on April 2014, in the order of both of the victims’ chests.
Accordingly, the defendant committed an indecent act against the victim.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) on June 2, 2017, the Defendant: (a) around 19:00, the Defendant saw the victim F (a person under the age of 13), who entered the center of the above male senior citizens, to be able to obtain a surplus in the center of the aged in the center of senior citizens in the center of senior citizens, dys and spons the coffee and spons; and (b) called “TV reporting A”, while taking the victim’s hand into the victim’s kne, knee of the victim, sit the victim’s kne, and continued to sit the victim’s left chest on the victim’s kne, and continued to do so one time
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. Statement made by the police for E;
1. Application of Acts and subordinate statutes to stenographic records of the Gwangju Sea Center;
1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act on the selection of punishment (the point of compulsory indecent act, the choice of imprisonment), Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the point of compulsory indecent act by a minor under the age of 13, and the choice of imprisonment);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment to the extent that the sum of the long-term punishments of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (the indecent act by a minor under the age of 13) is added];
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and children and juveniles who attend lectures;