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A defendant shall be punished by imprisonment for not less than 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
Punishment of the crime
On October 14, 2017, the Defendant: (a) around 13:35, at the reverse direction platform of the International Business Area D of Yeonsu-gu Incheon Metropolitan City Crop 1 Line D, Yeonsu-gu, Incheon, the Defendant: (b) reported that the victim E (a) was in order to board a train; (c) and (d) caused the victim’s left knife to the train; and (d) committed an indecent act by force against the child or juvenile, by making the victim’s knife knife knife knife knife knife twice.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Scell CCTV photographs of subways and cards and photographs produced voluntarily by suspects;
1. Application of each investigation report (the CCTV images of the subway station and the victim counter-verification) Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the age, environment, social ties, family relationship, and the record of punishment for sex crimes by the Defendant are nonexistent and the registration of personal information of the Defendant against the Defendant and the order to attend a lecture for treatment of sexual assault appears to have the effect of preventing recidivism, and the disclosure order is deemed to have the effect of preventing recidivism. In full view of all the circumstances, such as the disadvantages and anticipated side effects of the Defendant’s suffering due to the disclosure order and the preventive effect of sexual crimes that may be achieved therefrom, there are special circumstances where disclosure of the personal information of the Defendant may not be disclosed). Determination of the Defendant and the defense counsel’s assertion
1. The defendant has committed an indecent act against the victim by force.