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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 13, 2017, the Defendant: (a) discovered the victim C (one year old), who was staying home and was staying home before the kindergarten located in Daegu Northern-gu B on June 15:04; (b) found the victim C (one year old), followed the victim; (c) reported that the victim would have 8th floor; (d) reported that the victim would have 8th floor; and (e) immediately went from the elevator to the 6th floor; and (e) saw that the victim would have 8th floor; and (e) taken the victim's horse from the elevator to the 8th floor; and (e) taken the victim's sexual organ after viewing him/her.
The self-defense was made in the manner of booming with hands.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of statutes governing stenographic records;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Social Service Orders and Order to Attend Education, the Defendant committed the instant crime against the students under the age. On July 11, 2016, the Defendant again re-offending the sex offense record against the child, in addition to the case where the Daegu District Public Prosecutor’s Office rendered a public performance order to transfer the juvenile protection case as an obscene crime, despite the fact that the sex offense against the child was more than once.
Therefore, the defendant is sentenced to imprisonment.
However, considering the fact that the defendant recognized the crime and reflected, the fact that the defendant agreed with the victim is favorable to the defendant, the punishment shall be determined in consideration of the defendant's age, sex, environment, and circumstances before and after the crime, and the execution of the punishment shall be suspended.
In addition, in order to prevent recidivism, the defendant is subject to protection observation and social service and sexual assault treatment lectures.