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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
On March 22, 2014, around 06:16, the Defendant, at the entrance of the Incheon D apartment 106-dong, had the victim E (the 21-year old age), had the victim forcedly committed an indecent act, prevented the victim from being involved with his left hand, and forced buckbucks by inserting hand on the part of the victim, thereby committing an indecent act by force. The Defendant, at around two weeks, caused the victim to sit down on the floor of the play room and caused the victim to suffer light spacks that need to be treated for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Each report on internal investigation:
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. In full view of Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Exemption Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant is the first criminal without any criminal power so far, the social relation is clear as a student and it is against this case, and other facts, the defendant's age, occupation, type and motive of the crime in this case, the process and consequence of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order, and the preventive effect of sexual crimes subject to registration, the conviction of personal information becomes final and conclusive.