아동ㆍ청소년의성보호에관한법률위반(준강간등)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 01:30 on March 16, 2013, the Defendant: (a) d and d and d and d and d and d and d and d and ging the drinking at the E’s home located in the Sinnam-si, Gyeonggi-do; (b) d and d and d and e and d and d and d’s son E (15 years of age) are being married in other rooms; and (c) d and d’s k and d’s k and became the victim’s sexual organ by inserting his hand into the victim’s pantyty.
As a result, the defendant committed indecent acts against the victim by using the state of mental disorder of the juvenile victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes in the statement of statement to E and F prepared by the police;
1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):
1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)
1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The Defendant is subject to disclosure orders and notification orders under Articles 38(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) and the proviso to Article 38-2(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012).
However, the Defendant did not have any record of being punished for a sexual crime before committing the instant crime, and the instant crime is a contingent crime.
The defendant operates a luminous enterprise, and lives together with two married couple and grandchildren of his wife and children, and the social relationship is clear.
In addition, the Defendant runs deeply against the instant crime.