Text
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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a foreigner of Kazakh's nationality.
On July 16, 2018, at around 17:30, the Defendant discovered that the victim D (Ga name, 18 years of age) and her relatives wait for the crosswalk signal in front of the Nam-gu Incheon Metropolitan City, and that the victim and her children walked a horse as they display a cellular phone screen to the victim and her children, while they walked on the road, the Defendant her own car scam skes the victim’s left hand with the victim’s hand, and she committed an indecent act by force against the victim, who was a child or juvenile, by scambling the victim’s hys of his/her own car with his/her finger hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police in relation to D;
1. E statements;
1. Application of Acts and subordinate statutes to each investigation report ( telephone communications with victims D);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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 consideration shall be made again for the reason of sentencing);
1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's nationality is difficult to communicate with the Korean language, so it is deemed difficult to expect the defendant to prevent recidivism of sexual crimes through taking lectures for treatment of sexual assault, and there are special circumstances in which the defendant is unable to impose an order to attend lectures on him/her);
1. The fact that the accused has no record of being punished for committing a sex offense in the Republic of Korea, the age, environment, social ties, family relationship, and disclosure notification order of the accused, and the adverse effects and expected side effects to be suffered by the accused, which are the exemption from disclosure order and notification order, shall be the same.