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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 13, 2018, the Defendant: (a) while working as an apartment guard in front of the entrance of the 503-dong 1st floor of Sungnam-si, Sungnam-si, Sungnam-si, Seoul Metropolitan City, on February 13, 2018, the Defendant called “a skid” to the victim D (the 16-dong 16-dong 16-dong 16-dong 16-dong 16-dong 1, kisck
“At the same time,” and the victim kisck was kisced only once.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Written statements of D;
1. The 112 Incident Report Processing List (the defendant and his defense counsel stated that the defendant met the victim's view and kissk twice, but did not have kisc on the kisc.
The argument is asserted.
However, the victim, at an investigative agency, kisck on the part of the defendant while kiscing the victim two times in the victim's entrance, and the victim cannot do so.
The application of Acts and subordinate statutes to the following cases: “A defect only once” refers to “a defect,” and the credibility of a statement is recognized as having been made on a consistent and specific basis as to the shot sense and the situation before and after the crime that the victim had received while making a statement to the effect that he/she had kisced again.
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
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 Children and Juveniles against Sexual Abuse (the crime of this case alone has a criminal inclination against an unspecified number of victims against the accused;
It is difficult to readily conclude the registration of personal information of the defendant and the treatment of sexual assault.