성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant committed an indecent act against the victim F (the 12 years old), who is mature and highly mature, compared to the age while operating the phrase “E” in front of the D elementary school located in the Gyeongbuk-gun, G in the Gyeongbuk-gun. On November 7, 2013, at around 08:20 on November 7, 2013, the Defendant stated that the victim who seeks to purchase and calculate the phrase “I am am am am am am................” by the Defendant’s suspension of the Defendant’s fault, the Defendant forced the victim to divide
Summary of Evidence
1. Defendant's legal statement;
1. Recordings of victims F;
1. Investigation report (as to the attachment of a personal record on the personal record of the personal record of the personal record of the personal record);
1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;
1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (hereinafter referred to as the "Act"), and Article 298 of the Criminal Act (Selection of Imprisonment)
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 47 (1) of the Sexual Exposure Act, Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 49 (1) of the Sexual Exposure Act, Article 50 (1) 2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing of the proviso to Article 16 (2) of the Sexual Exposure Act (the defendant is aged and the defendant is not subject to an order to attend a course or order to complete a program is not imposed, considering the fact that the person with a disability of the third degree with a physical disability with the left trade and bridge mabbbb, which is the third degree of disability without the help of another person);
1. Imprisonment with prison labor for a period of two years and six months to fifteen years;
2. The application of the sentencing guidelines [decision of type] group of sex crimes, general standards, sex offenses against the age of less than 13, and indecent acts by compulsion (type 3) (special mitigation) (the scope of recommending punishment) are weak; the mitigation area of punishment; the sentence of imprisonment from June to 5 (general mitigation).