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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is married with the victim's her mother, and is a sheshel of the victims.
1. On June 2017, the Defendant committed an indecent act on the part of the Defendant at the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, with the victim D (one’s name, one’s age, eight) who was able to play and play for himself, and one’s own interest, with the victim’s hand aware that he would be locked, and committed an indecent act against the victim.
2. On July 1, 2017, at around 22:00, the Defendant committed an indecent act against the victim by putting the victim’s sexual flag part into the inner clothes of the victimized person and putting the victim’s knife with his/her knife and knife and knife for himself/herself at the above place (the victim’s knife, knife, 10 years of age).
Accordingly, the defendant committed an indecent act against the victims of relatives.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Records of each victim's statement;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of materials related to the suspect and victim's relatives);
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes provided for in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) with heavy penalty on July 1, 2017];
1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;
1. Article 62 (1) of the Criminal Act (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):
1. Order to attend a course or order to provide community service: The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Exemption from an order of disclosure and notification: 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 is committed against the defendant's shesheshesheshes and thus the defendant's personal information is disclosed and notified to the public.