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A defendant shall be punished by imprisonment for two years.
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
The Defendant is the proprietor of the “D” restaurant located in Seoan-gu, Seoan-gu, Seoan-si, and the victim E (V, 18 years old) is the part-time student of the above restaurant.
On November 3, 2016, at the room of the above restaurant, around 21:30 on November 3, 2016, the Defendant reported that the victim is coming to a cellular phone in the state of the sloping. Around 21:30, the Defendant added one arms and legs to the sloping of the victim's side, and applied one knife the damaged person's left chest on one hand, and knife the victim's chest on one hand. The victim was flicker of the Defendant's hand, and the victim was knife of the sexual part, such as the victim's knife, and knife of the victim's chest, and forced the victim to go to the knife.
Accordingly, the Defendant committed indecent act against a child juvenile by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to the protocol concerning the examination of suspects to the accused;
1. Relevant Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting the crime;
1. Article 62(1) of the Criminal Act on the stay of execution ( considered factors of sentencing favorable to the following reasons):
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose and notify the registered information) requires careful attention as it may have a significant impact on the defendant;
This case is not a sexual crime against many unspecified persons, and there is a substantial part of the effect of reducing the risk of recidivism through the registration of personal information on the defendant and the imposition of a lecture for sexual assault treatment.
In addition, the age, sex, family environment of the defendant;