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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 18, 2013, at around 17:20, the Defendant committed an indecent act against a juvenile by force by force, by finding out that the victim F (n, 16 years of age), a high school student, who was in prison uniformed in the Dong-gu Daejeon E apartment 111, was entering the above apartment and committing an indecent act against a juvenile by forcing the victim to board the elevator with a view to committing an indecent act. On the other hand, the Defendant committed an indecent act against the juvenile by forcing the victim to have the victim grow his sexual organ by taking advantage of the two parts of the body with the victim.
2. On March 2, 2013, around 17:52, the Defendant: (a) discovered that a high school student H (n, 15 years of age), who was in prison uniformed in 104 G apartment 104, was entering the said apartment and committed an indecent act against the Defendant by committing an indecent act against the Defendant by force against the Defendant, by taking advantage of the fact that the Defendant had a body with the victim, was on board the elevator along with the victim for the purpose of committing an indecent act; (b) subsequently, the Defendant committed an indecent act against the Defendant by committing an indecent act against the Defendant by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to the victim F and H;
1. Application of the Acts and subordinate statutes governing CCTV crimes;
1. Article 7 (5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment determined for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims F with heavier penalty);
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. Act on the Protection of Children and Juveniles against Sexual Abuse;