아동ㆍ청소년의성보호에관한법률위반(준강간등)
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.
Criminal facts
On May 4, 2013, at around 04:28, the Defendant: (a) discovered the 8th floor of “D History” in Gwangju Northern-gu, that a juvenile victim E (the male and the age of 15) has accumulated in the floor to lock; (b) committed an indecent act by force against the victim, who was in a state of resistance to resist, such as having the victim’s sexual organ limited to 4 to 5 times, and having the chest met once.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of F’s written Acts and subordinate statutes;
1. Relevant legal provisions on criminal facts, 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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), 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 exempted from disclosure or notification order (see, e.g., 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., Supreme Court Decision 201Da1448, Apr. 1, 201)
1. The instant crime is an element of sentencing unfavorable to the Defendant, such as the following: (a) the Defendant’s sexual intercourse and breast part of a male high school student who was diving in the water surface room; (b) the nature of the instant crime is not somewhat weak; (c) the victim is deemed to have suffered a considerable sexual humiliation and mental pain due to the instant crime; and (d) the victim still wishes to punish the Defendant.
On the other hand, the defendant acknowledged the facts charged of this case and damaged it.