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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 20, 2013, at around 00:49, the Defendant, at a soup and soup bank in Gwangju Northern-gu, accumulated in the side of the victim E (the 10-year old age), who was divingly divingd on the floor, used the victim's chest and clothes, taken off the victim's chest and clothes, rhyd the victim's chest and part of the victim's chest, rhyd the victim's chest and part of the part, and continued to put the victim's breast and part of the victim's breast and part with the victim's khyd, and by force force the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. RecordingC.D.
1. Application of statutes governing stenographic records;
1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 299 and 298 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction becomes final and conclusive with respect to the instant crime involving the registration of personal information in the instant case under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated
Reasons for sentencing
1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;
2. Application of the sentencing guidelines (decision of type), group of sex crimes, general standards, sex offenses against the age of less than 13, indecent acts by compulsion (Scope of recommendations), four years to seven years (basic area).
3. The instant crime committed by the sentence was committed by an indecent act against a child of 10 years of age who was born at a soup bank, which is a public-use facility.