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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the friendship of the security guards of the private teaching institute building and building that the victim B (a person, a woman, 7 years of age) attends, and there is a space between the victim and the victim in which he/she was aware of guesting.
1. Violation of the Child Welfare Act (hereinafter “D”), around May 30, 2018, the Defendant violated the Child Welfare Act (hereinafter “Child”) to the victim at the outside event of the building of the “D” private teaching institute located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “D”).
b. our deceased person.
Around 15:05 on May 31, 2018, the Defendant stated that “The victim “Iurland and Chewing Chewing liquor tax”.
As the victim speaks, the victim shall dry the gum, and the victim shall kisk the guk of the gum of the gum.
"In doing so, the victim had the victim dance in line with the left side of the defendant.
Accordingly, the Defendant committed sexual abuse, such as sexual harassment, which causes sexual humiliation to the victim.
2. On June 8, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) obtained the arms of the victim, which had been covered by the Defendant, from the bench on June 14:40, 2018, and tried to use the body parts of the victim in both arms.
Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of witness E, each of the witness F and G's respective legal statements;
1. The statement made by the victim in the statement recorded CDs;
1. The application of Acts and subordinate statutes to one CD in which the internal investigation report (a specified date of the crime and the CCTV image data taken), one photograph by capturing CCTV image data, one photographic photo taken at the scene of the crime, and one CD image data stored;
1. Relevant legal provisions concerning facts constituting an offense, Articles 71 (1) 1-2 and 17 subparagraph 2 of the Child Welfare Act (a point of sexual abuse against a child), Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;