아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for a term of one year and two months.
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
On April 14, 2016, around 21:32, 2016, the Defendant: (a) reported the victim E (the name, fran, September 20, 200, and the age of 15) with two persons working together within the D convenience store located in Net City C; and (b) reported that the victim E (the name, franite, September 20, 200, and the age of 15) was able to take an object, and (c) made the victim’s knick hand with his/her son’s amblock, thereby committing an indecent act against the victim, who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
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 in full view of the following factors: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no previous record; (b) the motive and method of committing the instant crime; (c) the character, conduct and environment, etc. of the defendant; and (d) the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order and notification order; and (e) the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;
2. Reduction elements of types 2 (Indecent act by force, such as indecent act by force, residential intrusion, etc. by force by force by force by force according to relative relations), the range of recommended types according to the sentencing guidelines [the determination of types], general standards for sex crime groups (subject to the age of 13 or more) and the crime of indecent act by force by force: Exercise of tangible force;