아동ㆍ청소년의성보호에관한법률위반(강제추행)
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.
Punishment of the crime
At around 19:00 on June 9, 2014, the Defendant puts on “D” restaurant located in Hasking-si C, and committed an indecent act by force against the victim, who was a child or juvenile, who fright together with her her her son, with the her son, “I am the same son,” and “I am the son’s son’s son and son’s son’s son up to the her string with the victim’s son’s son, thereby committing an indecent act against the victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement of E, F, G, and H;
1. Application of Acts and subordinate statutes to field photographs and investigation reports (the statement, etc. of a shote);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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 the defendant's personal information to be disclosed or notified, in full view of the following circumstances: the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, the background of the crime of this case, profits and preventive effects expected from the disclosure or notification order of this case, disadvantages and side effects, etc., which are acknowledged as recorded in the record, and the reason for sentencing 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 (see, e.g., special circumstances
1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and
2. Application of the sentencing criteria [Determination of type] The general standard for sex crimes (subject to the age of 13 or more) and the element of mitigation of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by juveniles of the second category: in a case where the exercise of tangible power is considerably weak,