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Defendant shall be punished by imprisonment for a term of one year and 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
A. In full view of social interests, the prevention of sexual assault crimes, and the defendant's disadvantage and anticipated side effects, there are special circumstances in which the defendant's personal information should not be disclosed or notified.
I think)
Where a conviction becomes final and conclusive against a defendant who has registered personal information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Reasons for sentencing
1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;
2. The scope of the recommended punishment according to the sentencing guidelines [type determination] the general standards for sex offenses (subject to at least 13 years of age) and the type 2 (voluntary indecent acts/special compulsory acts, such as forced indecent acts by blood and intrusion into residence) [Special Sentencing Persons] mitigated elements: Reduction area of punishment not [the scope of punishment decided and recommended] mitigated area, one year to 2 years of imprisonment, or two years x the minimum and minimum sentence shall be mitigated to 2/3;
3. The Defendant found a male juvenile who was home and was able to receive a sentence, and led the victim into his/her vehicle to inform him/her of the way, and forced him/her to commit an indecent act.
The degree of indecent act by the defendant, such as allowing the victim to have his/her sexual organ only, is not weak, and due to this, it seems that the victim, who is aged, caused a considerable mental impulse and sexual humiliation.
In consideration of these circumstances, the criminal liability of the defendant is not against the law.
However, the defendant shows the attitude of recognizing and reflecting his mistake from the investigative agency to this court, ② the defendant has no criminal history while staying in Korea for about six years, ③ the defendant is a foreign worker without good economic situation, and ③ the defendant is a victim's consolation money of KRW 3 million.