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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
On December 8, 2014, at 14:05, the Defendant: (a) discovered the victim D (mainam and 9 years old) who waits for an elevator on the first floor of 102-dong, Guro-si, 102, waiting for an elevator; (b) demanded the victim to commit an indecent act by causing sexual humiliation to the victim; (c) the victim was aboard the elevator with the victim; (d) the victim’s side after boarding the elevator; and (e) the victim’s side "I am about whether he performed the warning operation; (e) the victim’s left arms that the victim would have come to know on the part of the victim; and (e) led the victim again, “I am about one time to come to know about whether he had performed the warning operation”, but the victim continued to refuse it and did not have attempted to do so.
Accordingly, the defendant tried to commit an indecent act against a minor under the age of 13 by force.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records (Details of statements made in victim D);
1. Each investigation report (the confirmation of CCTV at a damaged place, the crime committed by a suspect with the apartment structure of a victim), photographs of elevator CCTV images and photographs of the place of crime;
1. Application of Acts and subordinate statutes to written opinions on child sexual assault cases;
1. Article 15 of the relevant Act on Criminal Crimes and Articles 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;