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A defendant shall be punished by imprisonment for one year.
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
On July 18, 2015, the defendant found the victim E (the age of 17) who was running there on the front side of the D, which is located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, around 16:00 on July 18, 2015, and found the victim E (the age of 17) on the shoulder of the victim, with his/her hands added his/her hand on the shoulder, and brought his/her hand into the right side of the victim, and brought the victim's sexual part into the right side of the victim.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E prosecutorial statement;
1. Application of Acts and subordinate statutes to investigation reports (on-site situations), investigation reports (related to attaching a certificate of the disabled person);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;
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 main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing of a child or juvenile exempt from disclosure order or notification order [In full view of all the circumstances, including the fact that the defendant has no record of criminal punishment, the fact that the defendant's recidivism prevention can be achieved to a certain extent through taking lectures in the sexual assault treatment lecture, and the benefits and preventive effects expected by the disclosure order or notification order of this case and the disadvantages and side effects of the order] under 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;
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. Reduction elements of types 2 (Specially imprisoned Persons): Reduction element of punishment: The recommended range of punishment (determination of type) according to the sentencing criteria, general standards for sex crimes (subject to the age of 13 or more) and the indecent act by compulsion by force (subject to the age of 13 or more).