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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 9, 2017, around 13:58, the Defendant committed an indecent act by force against a victim under 13 years of age, such as: (a) reporting the victim C (a) who was walking in the opposite direction; (b) reporting the victim C (a) who was walking in the opposite direction; 12 years of age); and (c) strongly attracting the victim to the double arms.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records or video recorded CDs;
1. Written statements;
1. Application of Acts and subordinate statutes to Chapter 2 of the CCTV output data, and the name cards submitted by the victim;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that may be adopted to commit the crime, and Article 298 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. There is a risk of sexual assault or recidivism against a defendant who has no record of punishment for a sexual crime) under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse, exempted from an order of disclosure or notification;
It is difficult to readily conclude.
It can be said that the defendant's participation in sexual assault treatment alone can have an effect to prevent recidivism to a certain extent.
I seem to appear.
In addition, considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sex crimes that can be achieved therefrom, the protection effect of the victim, etc., there are special circumstances in which the defendant's personal information shall not be disclosed or notified.
3) 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 recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the range of punishment [the scope of recommended punishment], the area of special mitigation [the scope of punishment], the area of imprisonment with labor for a year and three months.